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2001 (2) TMI 635 - CEGAT, MUMBAIExtract: ....... practice by the department in allowing the clearance has to be taken into consideration. It would therefore has to be held that the goods irrespective of whether the machines were freely importable or not, there is no basis for confiscationn or penalty. 7. emsp Accordingly the order of confiscation and penalty are set aside and the appeal allowed.
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