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2002 (2) TMI 1192 - CEGAT, MUMBAIExtract: .......ty. It was for the department to show that the broke was capable of being bought and sold and prima facie it is not done so. The fact that the Tribunal in its earlier order has found the same commodity not to be marketable also goes in the applicant rsquo s favour. 6. emsp Therefore, we waive deposit of the duty and penalty and stay their recovery.
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