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2005 (7) TMI 139 - CESTAT, CHENNAIExtract: .......sue considered by the Apex Court was not whether Section 11AC penalty could be imposed on an assessee who had paid duty prior to issue of show cause notice. 6. In the result, the penalty imposed on the assessee is vacated and Appeal No. E/1203/2004 is allowed. Consequently the Revenue s appeal gets dismissed. (Dictated and pronounced in open Court)
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