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2014 (2) TMI 7 - AT - Central ExciseDenial of CENVAT CRedit - Reasonable stepts - Imposition of penalty - Commissioner (Appeals) held in favour of the respondents by observing that the only reasons for denial of credit to the Respondent is that the dealer registration of M/s. Gaytri Traders stands revoked vide order in original - Held that:- appellants have taken the Cenvat Credit on the basis of the invoices issued by the M/s. Harsh & Company, 292, Chandpol Bazar, Jaipur, who was registered with the department as second stage dealer as defined under Rule 2 (s) of the Cenvat credit Rules, 2004. As the invoice issued by second stage dealer is a prescribed document under the Rule 9 (1) (a) (iv) Cenvat credit Rules, 2004, therefore, it is clear that the appellants took the Cenvat credit on the basis of the proper documents as prescribed under the law - as assessee have taken all reasonable steps to ensure that the inputs received by them are duty paid and have known their immediate supplier, the modvat credit cannot be denied on the ground that the person supplying the goods to the dealer-supplier was either not in existence or has not paid duty on the final product - Decided against Revenue.
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