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2010 (12) TMI 1030 - GUJARAT HIGH COURTPenalty - Cenvat credit denied - suppression of facts/fraud or misdeclaration - investigations revealed that the suppliers of grey fabrics who had issued the invoices, on the basis of which the assessee had availed credit, were found to be non-existent/fake/bogus - Held that:- Examining the facts of the present case both the Commissioner (Appeals) as well as the Tribunal have recorded concurrent findings of fact to the effect that evidence in record is not sufficient to conclude that the assessee is a party to the fraud. On behalf of the revenue, nothing has been pointed out to dislodge the concurrent findings of fact recorded by both the appellate authorities, it is apparent that the conditions precedent for invoking the provisions of Rule 13(2) of the Rules are clearly not satisfied. In the circumstances, no infirmity can be found in the impugned order of the Tribunal so as to warrant interference, appeal is dismissed.
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