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2004 (1) TMI 153 - CESTAT, BANGALOREExtract: .......y evidence to show that the higher duty paid has not been passed on to the buyers. No evidence by way of differential pricing or otherwise is available on record. The amount paid in excess is also insignificant i.e. Rs. 1,600/- per month. In the absence of evidence it has to be held that the claim is not substantiated. Appeal fails and is rejected.
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