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2018 (11) TMI 524 - AT - Central ExciseRecovery of re-credited amount alongwith Interest and penalty - Consolidated reversal of the individual debit entries in the CENVAT credit account upon discharge of duty liability for the second time on clearance to customers - Held that:- There is no dispute on the quantum of duty liability discharged thereby. It is the contention of Learned Authorised Representative that, notwithstanding the discharge of duty liability twice, assessee was not entitled to take credit on its own except in relation to inputs received in the factory of manufacture. The assessee was, thereby, held to be eligible for that quantum of credit from the date on which the goods were cleared to their customers on payment of appropriate duties of central excise. The proceedings for recovery of that amount cannot be sustained in consequence - With the entitlement of re-credit, effective from the date of payment of duties for the second time, there is no scope for recovery of interest. Appeal allowed - decided in favor of assessee.
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