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2017 (7) TMI 328 - AT - Central ExcisePenalty u/r 209A of CER, 1944 - CENVAT credit - Held that: - there being no suppression of facts and/or contumacy conduct on the part of the appellant, the penalty is set aside - the appellant is entitled to take back the CENVAT Credit debited in their register by way of pre deposit during the pendency of this appeal with interest, as per Rules - penalty set aside - appeal allowed - decided in favor of appellant.
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