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2005 (8) TMI 459 - CESTAT, MUMBAIExtract: .......n is not proved to be made effective before the credit was availed. Credit cannot be denied in these circumstances. Once credit is found to be not deniable, penalty is not called for. Therefore, there is no ground to upset the Commissioner (Appeals) finding. 3.Consequently, Revenue rsquo s appeal is rejected. emsp (Pronounced in Court on 26-8-2005)
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