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1987 (10) TMI 153 - CEGAT, NEW DELHIExtract: .......which the order of penalty is not sustainable. 13. In respectful deference to this decision of the Madras High Court, we set aside the penalty in this case. 14. In the result, appeal No. C/2381/87 of the department is allowed and the Mercedes Car is absolutely confiscated. Appeal No. C/2752/86 is partly allowed inasmuch as the penalty is set aside.
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