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2016 (5) TMI 562

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..... was no material on record on the involvement of the present respondent for the alleged diversion of finished goods. Also, as per well-settled law, penalty cannot be imposed merely on the basis of assumption and presumption and without any basis reported in [2015 (9) TMI 623 - CESTAT AHMEDABAD] - Apex Court dismissed the appeal on the basis that entire issue being factual in nature and no question .....

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