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    <title>2018 (7) TMI 256 - CESTAT ALLAHABAD</title>
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    <description>Rule 6(3) Cenvat credit demand could not be finally sustained where the factual basis was unclear on whether proportionate reversal had already been made or the goods had been exported, and the credit was originally availed when the final products were dutiable; the matter was therefore remanded for fresh verification. Penalty was not justified in the absence of mala fide, particularly as the dispute arose only after the products became exempt, and the penal finding against the assessee was set aside.</description>
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      <description>Rule 6(3) Cenvat credit demand could not be finally sustained where the factual basis was unclear on whether proportionate reversal had already been made or the goods had been exported, and the credit was originally availed when the final products were dutiable; the matter was therefore remanded for fresh verification. Penalty was not justified in the absence of mala fide, particularly as the dispute arose only after the products became exempt, and the penal finding against the assessee was set aside.</description>
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