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    <title>2011 (7) TMI 984 - CESTAT, NEW DELHI</title>
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    <description>Duty already paid on non-dutiable Cable Jointing Kits could be reappropriated against duty on intermediate products because the amount had been credited to the Government and no refund to the assessee was involved; Section 11B and unjust enrichment were therefore inapplicable, and the adjustment was permitted. By contrast, wrongly availed Cenvat credit on bought-out items could not be neutralised against duty paid on the final product, as one illegality could not be set off against another; the demand and penalty were sustained.</description>
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      <title>2011 (7) TMI 984 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=212673</link>
      <description>Duty already paid on non-dutiable Cable Jointing Kits could be reappropriated against duty on intermediate products because the amount had been credited to the Government and no refund to the assessee was involved; Section 11B and unjust enrichment were therefore inapplicable, and the adjustment was permitted. By contrast, wrongly availed Cenvat credit on bought-out items could not be neutralised against duty paid on the final product, as one illegality could not be set off against another; the demand and penalty were sustained.</description>
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