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2005 (3) TMI 179 - CESTAT, NEW DELHIExtract: ....... not sustainable. 5. In view of what is stated above, the appeal is allowed and it is ordered that the goods be assessed based on the transaction value indicated in the sale invoices and released to the appellant after collection of duty. The appellant shall be entitled to return of any excess amount already paid, whether by way of duty or penalty.
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