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    <title>2008 (8) TMI 706 - CESTAT, BANGALORE</title>
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    <description>Penalty on the disputed clearances could not be sustained because the higher court had already negatived the Revenue&#039;s challenge in connected proceedings, and the Tribunal was bound to follow that ruling; the assessee therefore succeeded on the penalty issue. Interest already deposited was not open to fresh contest on the same footing and was to be adjusted as recorded in the order. The matter accordingly resulted in relief from penalty, with the pre-paid interest treated as appropriately appropriated.</description>
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      <description>Penalty on the disputed clearances could not be sustained because the higher court had already negatived the Revenue&#039;s challenge in connected proceedings, and the Tribunal was bound to follow that ruling; the assessee therefore succeeded on the penalty issue. Interest already deposited was not open to fresh contest on the same footing and was to be adjusted as recorded in the order. The matter accordingly resulted in relief from penalty, with the pre-paid interest treated as appropriately appropriated.</description>
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