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2016 (12) TMI 656 - AT - Central ExciseCENVAT credit - denial on the ground that respondents are showing more consumption of cenvat credit availed inputs than actually consumed and apparently the cenvat credit has been wrongly availed on these input chemicals - Held that: - No study has been made regarding the composition of various other raw materials and their impact and the usage of caustic soda and sodium sulphite. Apparently, the whole calculation is rudimentary and no scientific analysis or expert guidance has been taken in this regard. Above all as pointed out in the impugned order, there is no evidence of non receipt of these raw materials or unaccounted diversion of these materials from the premises of the respondent. No discussion to that effect has been recorded in the original order. As such, we find no justification to interfere with the impugned order. Similarly, we note that when the respondent paid back the amount of credit to be reversed on their option to avail the exemption under N/N. 4/2006-CE, no penal action follows. We are in agreement with the impugned order on this ground also. Accordingly, appeal filed by the Revenue is dismissed - decided in favor of respondent-assessee.
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