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2005 (1) TMI 298 - AT - Central ExciseExtract: ....... The duty demand is not sustainable at all. Accordingly, the appeal of the assessee succeeds and is allowed. Since duty demand itself is not sustainable, there can be no case for imposition of penalty. Thus, there is no merit in the Revenue s appeal and it fails. Both the appeals are disposed of as above. (Pronounced and dictated in the open Court)
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