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2005 (9) TMI 164 - CESTAT, NEW DELHIExtract: .......ee had fraudulently availed of ineligible Modvat credit is not sustainable. Penalties are also not sustainable since the finding regarding credit is not sustainable. Accordingly, the impugned order is set aside and the appeals are allowed with consequential relief, if any, to the appellants. (Pronounced and dictated in the open Court on 14-9-2005.)
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