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2010 (3) TMI 1240 - CESTAT, BANGALOREExtract: .......penalty is not made out and accordingly the same is set aside and deleted. Rest of the order of the Tribunal restoring the order of the authority-in-original is confirmed." In view of the above, I find that learned Commissioner (Appeals) order is correct and legal and does not suffer from any infirmity. Appeal filed by the revenue is rejected.
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