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2001 (6) TMI 331 - AT - Central ExciseExtract: .......hat the issue of show cause notice itself was not warranted. Therefore, the question of non levy of penalty by the Commissioner, although on different grounds, challenged by the Revenue before us, does not arise. 10. emsp Since, the non levy of penalty is the only ground before us, we find no merit in these appeals and, therefore, dismiss the same.
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