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    <title>2018 (4) TMI 1446 - CESTAT NEW DELHI</title>
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    <description>Where Cenvat credit on duty-paid inputs has already been utilised to discharge duty on finished goods, the same credit is treated as exhausted and cannot be demanded again for reversal simply because the underlying activity is later held not to amount to manufacture. A further reversal would amount to a second recovery of the same credit. The commentary also notes that this approach was accepted by the Gujarat High Court in Creative Enterprises and affirmed by the Supreme Court, supporting the view that the reversal demand is unsustainable on these facts.</description>
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      <link>https://www.taxtmi.com/caselaws?id=359335</link>
      <description>Where Cenvat credit on duty-paid inputs has already been utilised to discharge duty on finished goods, the same credit is treated as exhausted and cannot be demanded again for reversal simply because the underlying activity is later held not to amount to manufacture. A further reversal would amount to a second recovery of the same credit. The commentary also notes that this approach was accepted by the Gujarat High Court in Creative Enterprises and affirmed by the Supreme Court, supporting the view that the reversal demand is unsustainable on these facts.</description>
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