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2005 (10) TMI 465 - CESTAT, CHENNAIExtract: .......rsquo s order that was considered by the Commissioner (Appeals). The penalty is ex facie based on the erroneous findings of the Commissioner (Appeals) and the same is vacated. The assessee rsquo s appeal stands allowed. Consequently, the Revenue rsquo s appeal asking for higher penalty stands dismissed. (Order dictated and pronounced in open Court)
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