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2004 (5) TMI 415 - CESTAT, MUMBAIExtract: .......plea of the department seemed to have been taken only to deny the credit which is otherwise admissible. 8. emsp I am also informed that the appellant paid duty on the goods while clearing them again for export. Neither the reversal of credit nor penalty imposed is justified. 9. emsp The appeal is allowed, the order of the Commissioner is set aside.
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