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2017 (5) TMI 705 - CESTAT NEW DELHICENVAT credit - penalty u/s 76 - the provisions of Section 78 have been amended w.e.f. 10.05.2008 - effect of amendment, whether prospective or retrospective? - Held that: - the liability for any violation of law is governed by the law applicable at the time of such violation. The amendments carried out in the statutory provisions of Finance Act, 1994 are prospective in nature unless otherwise stated. If the effect of the amendment is omission of penalty in certain cases, the general clauses Act would still be operative and penalty would be liable as per the provisions at the time of offence and not at the time of issuance of notice - penalty upheld. Regarding denial of cenvat credit - duty paying invoices - denial on the ground that no supporting documents for receipt of duty paid inputs have been submitted by the appellant - Held that: - the credit can be availed only on the basis of valid documents. In the present appeal, there is nothing to controvert the findings on facts as recorded in the impugned order - credit not allowed. Appeal dismissed - decided against appellant.
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