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2008 (12) TMI 472 - AT - Central ExciseCenvat/Modvat - Wrong availment of credit, reversal of - inputs - Held that: - Even, if the appellant took the credit wrongly, the fact remains that while selling the same goods to Rail Coach Factory, they have paid the duty on the same on higher value and this amounts to reversal of credit taken by them, albeit wrongly. Insisting on reversal again would amount to reversal of the same Cenvat credit more than once. Since, the Cenvat credit is already reversed, there is no question of initiating the proceedings against the appellant for seeking reversal again credit and imposition of penalty - appeal allowed.
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