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2007 (6) TMI 352 - CESTAT, CHENNAIExtract: .......he matter, prima facie, it appears to us that the appellants were eligible for the CENVAT credit in question and consequently they had a legitimate claim for refund. Accordingly, there will be waiver of pre-deposit and stay of recovery in respect of the amount of credit denied and the equal amount of penalty. (Dictated and pronounced in open Court)
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