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2006 (9) TMI 470 - CESTAT, MUMBAIExtract: .......at proposed recovery of duty and penalty are not sustainable in view of the judgment of Raghuvar (India) Ltd. v. CCE, Delhi - 2002 (140) E.L.T. 280 (Tri. - LB). Wherein it is held that the Modvat credit taken can be reversed, but not recovered. Therefore, the impugned order is not sustainable. In the result, appeal is allowed. (Pronounced in Court)
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