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    <title>2023 (12) TMI 41 - CESTAT NEW DELHI</title>
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    <description>Duty actually paid on disputed clearances could be adjusted against the proposed CENVAT credit reversal under Rule 6, because the payment was not disputed at the relevant time and the credit availed during the period was lower than that duty payment; the penalty was also unsustainable in the absence of intent to evade or wrongly avail credit. Refund amounts paid under protest during investigation were treated as deposits, so the unjust enrichment bar did not apply and remand on that question was unwarranted.</description>
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      <description>Duty actually paid on disputed clearances could be adjusted against the proposed CENVAT credit reversal under Rule 6, because the payment was not disputed at the relevant time and the credit availed during the period was lower than that duty payment; the penalty was also unsustainable in the absence of intent to evade or wrongly avail credit. Refund amounts paid under protest during investigation were treated as deposits, so the unjust enrichment bar did not apply and remand on that question was unwarranted.</description>
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