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2004 (9) TMI 202 - CESTAT, NEW DELHIExtract: .......e dispute between the department and the assessee regarding the classification of the goods, no penalty deserves to be imposed, the penalty imposed on the appellants is set aside. Except for modification in the penalty, the impugned order which has not been contested on merits, is upheld. The appeal of the appellants accordingly stands disposed of.
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