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2010 (12) TMI 166 - CESTAT, BANGALORECenvat credit - excisable goods removed without payment of duty to a 100% export oriented undertaking as per clause (ii) of Rule 6 (6) of CCR – in the case of [Repro India Ltd. 2007 - TMI - 33282 - BOMBAY HIGH COURT] dealing with a similar situation involving entitlement to CENVAT credit of duty paid on inputs used in the manufacture of exempted goods which are exported – Penalty not sustainable - dispute relating to the interest remanded for a fresh decision by the Commissioner after verifying the facts – order set aside
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