TMI Blog2010 (2) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. ORDER The Revenue has impugned the order dated 2-6-2004, passed by the Customs, Excise & Service Tax Appellate Tribunal (for short 'the Tribunal') vide which the appeal filed by the Revenue against the order passed by the Commissioner (Appeals) was dismissed and it was held that the goods of the respondent could not be confiscated as goods were duty paid. 2. A perusal of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods was not disputed by the Department and that there was nothing on record to show that invoices produced were fake. The explanation of the respondent was duly accepted by the Commissioner that the goods of one category got mixed with goods of any other category. 4. In view of findings of fact recorded by both Commissioner as well as the Tribunal, we find no merit in this appeal. Accordingly no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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