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2018 (6) TMI 577 - AT - Central ExcisePenalty - Section 9 of the CEA 1944 - Held that:- The allegation of failure to discharge duty liability by the supplier against the supplementary invoice is still open for a decision as an appeal is pending before the Tribunal - the impugned order is liable to be set aside for the matter to be remanded and the final position of the proceedings initiated against the supplier of the appellant to be ascertained and, after giving an opportunity to the appellant to take a further decision - appeal allowed by way of remand.
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