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2015 (5) TMI 447 - SCH - Central ExciseDenial of CENVAT Credit - Imposition of penalty - Held that:- Central Excise – Appellant availed credit and paid excise duty at the time of clearance of goods. After sometime suo motu reversed it to avail exemption and claim for refund of duty paid. - Claim of exemption not allowed Decision in the case of Amrit Paper vs. Commnr. Of Central Excise reported in [2006 (7) TMI 7 - SUPREME COURT OF INDIA] followed However, it is not a case where penalty should be imposed by the respondent. Therefore, while upholding the order of the adjudicating authority insofar as the payment of duty is concerned, we set aside the order as far as penalty is concerned. - Decided partly in favor of Revenue.
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