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2018 (10) TMI 1761 - CESTAT MUMBAIRecovery of CENVAT Credit - imposition of penalty u/s 11AC of Central Excise Act, 1944 read with rule 15 of the CENVAT Credit Rules, 2004 - HELD THAT:- In AJINKYA ENTERPRISES VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE-III [2013 (6) TMI 610 - CESTAT MUMBAI] the Tribunal has examined various judicial rulings to arrive at the conclusion that the duty paid by the appellants has been accepted by the department which is admittedly more than the CENVAT Credit availed by the appellants. Therefore, the appellants are not required to reverse the credit - Appeal allowed - decided in favor of appellant.
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