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2009 (9) TMI 916 - AT - Central ExciseExtract: .......l by the department against the very same impugned order. The Registry also did not list both the appeals together as is required to be done. In any case, since the issue of penalty has already been decided by setting aside the same, the department s appeal has become infructuous. Hence the same is dismissed. (Dictated and pronounced in open court)
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