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2008 (2) TMI 731 - CESTAT, MUMBAIExtract: .......ds cleared for home consumption, the refund of the same cannot be denied, as the same is permissible under Rule 5 of the Cenvat Credit Rules, 2002. I, accordingly, set aside the order of the Commissioner (Appeals) and hold that the refund cannot be denied. The appeals are allowed with consequential relief, if any. (Dictated and pronounced in Court)
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