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2012 (9) TMI 859 - AT - Central ExciseCENVAT Credit - appellant is procuring and selling ingots in the market without passing on the Cenvat credit of duty to its customers - Held that:- there is no evidence indicating that the manufacturer had cleared the goods at the instance of the appellant. The appellant is only a buyer of ingots and had admittedly issued ST-31. The statements of driver and the owner in respect of past transactions are evidences in the nature of co-accused’s statement and cannot be given precedence over the appellant’s own statement. As such in the absence of any evidence and in view of the fact of issuance of ST Form, I am of the view that the Revenue has failed to make out a case so as to impose penalty upon the present appellant. In view of the foregoing, the impugned order is set aside - Decided in favour of assessee.
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