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2005 (1) TMI 483 - AT - Central ExciseExtract: ....... them and no misuse of inputs is established. (d) We also find a good case on limitation in favour of the assessee. (e) When no credits are being found to be reported to be recovered, penalty is required to be set aside and no interest can be upheld. 3. emsp In view of the findings the appeal is allowed after setting aside the order and MA allowed.
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