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2009 (7) TMI 1010 - CESTAT NEW DELHIExtract: .......ould not be denied. 9. Appeal is partly allowed by allowing credit on all items except in respect of items mentioned in serial Nos. 8, 9 and 10. Since the Modvat credit is being allowed for most of the items and it is the overall facts and circumstances of the case, penalty deserves to be set aside. 10. The appeal is disposed of on the above terms.
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