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2001 (3) TMI 414 - CEGAT, BANGALOREExtract: .......t been used by the manufacturer in the factory where they were manufactured. In absence of these vital issues which were required to be determined, we cannot uphold the demand. (c) emsp Once we cannot uphold the demand of duty, the reason to uphold the penalty do not exist. 4. emsp In view of our findings, the order is set aside and appeal allowed.
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