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    <title>2007 (3) TMI 624 - CESTAT, KOLKATA</title>
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      <description>Penalty was held unwarranted where exemption was availed on the strength of a certificate issued by the project authorities and there was no material showing that the assessee knowingly misused the benefit. The subsequent finding that the funding agency did not satisfy the description required under Notification No. 108/95-C.E. was treated as a mitigating factor, not as a basis for penal action. On those facts, the penalty was set aside in favour of the assessee.</description>
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