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    <title>2016 (10) TMI 73 - CESTAT AHMEDABAD</title>
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    <description>Recovery of suo motu re-credit in CENVAT account was held unsustainable where the same duty amount for the same period had already been paid in cash and the refund dispute had earlier been decided in the assessee&#039;s favour. The Tribunal noted that the earlier refund ruling had accepted the legality of the CENVAT credit utilization during the default period, and no duplicated monetary benefit had been obtained because the amount had already been re-credited. On that basis, parallel recovery proceedings could not be maintained and the demand was set aside.</description>
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      <title>2016 (10) TMI 73 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=333053</link>
      <description>Recovery of suo motu re-credit in CENVAT account was held unsustainable where the same duty amount for the same period had already been paid in cash and the refund dispute had earlier been decided in the assessee&#039;s favour. The Tribunal noted that the earlier refund ruling had accepted the legality of the CENVAT credit utilization during the default period, and no duplicated monetary benefit had been obtained because the amount had already been re-credited. On that basis, parallel recovery proceedings could not be maintained and the demand was set aside.</description>
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