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2009 (9) TMI 934 - AT - Central ExciseExtract: .......al on 04.07.2008 cited supra. 5. Following the reasons stated in the earlier order dated 04.07.2008 of the Tribunal, we hold that the demand of duty is sustainable but the penalty is not imposable. 6. Accordingly, the appeal is rejected in so far as demand of duty and interest is concerned. As far as the penalty is concerned, the same is set aside.
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