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2008 (2) TMI 122 - AT - Central ExciseAppellant had availed ineligible credit on inputs received by an 100% EOU – since EOU, supplier has settled the case with Settlement Commission as regards the payment of differential duty, the appellant, co-noticee cannot be visited with penalty – case against the co-noticees comes to an end once the order of the settlement is passed in respect of the person entitled to file an application before Commission - moreover appellant has deposited entire duty during proceedings, penalty is set aside
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