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2017 (9) TMI 146 - CESTAT AHMEDABADWhether the differential amount i.e. ₹ 8,17,408/- availed as excess credit on the imported inputs in discharging the transaction value cleared as such as confirmed in the orders are correct or otherwise and also whether imposition of penalty in the facts and circumstances of the case is justified or otherwise? Held that: - substantial evidence could not be placed to establish that the correct amount should have been ₹ 6,6,419/- instead of ₹ 8,17,408/-, demand upheld - penalty is unwarranted inasmuch as the appellant had cleared the imported inputs as such on payment of duty on the transaction value and disclosed in their monthly return, meticulously, and also keeping in view of the fact that the appellant is willing to discharge the differential credit along with interest - appeal allowed - decided partly in favor of appellant.
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