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2016 (11) TMI 511 - AT - Central ExciseRecovery of improperly availed CENVAT credit - Rule 3 (1) and Rule 9 (1) of Cenvat Credit Rules, 2004 - Held that: - the appellants have reversed the credit based on a wrong advice at the time of internal audit which subsequently was found to be wrong and accordingly they took re-credit. This is only a technical adjustment. I find that the issue at hand is fully covered by decision of this very Tribunal in the case of Godrej Sara Lee Ltd. Vs CCE Pune [2012 (9) TMI 166 - CESTAT, CHENNAI] where it was held that As such, the erroneous reversal made by the appellants, prompted by wrong audit objection and an inapplicable circular, has been rectified by the appellants by taking the suo motu credit of the reversed amount which is not the same as taking refund of excess duty amount paid. Demand not sustainable - appeal allowed - decided in favor of appellant.
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