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2014 (5) TMI 949 - AT - Central ExciseDenial of CENVAT Credit - confiscation of various capital goods installed - Penalty - Held that:- Revenue’s entire case is based upon the statements of two deponents of suppliers - apart from the said statement, there is no other evidence on record. Admittedly the appellants have received the capital goods under the cover of invoices issued by the suppliers. The same stand installed in their unit and infact also stand confiscated by the authorities below. The appellants have produced on record the evidence of payment of U P Trade tax as also CST. Further, they have produced material received notes showing that the said material were received by them - there is no evidence on record that the appellant was a party to the non-payment of Central Excise duty by the suppliers. They have followed the procedure correctly and have availed the credit on the basis of invoices issued by the suppliers. The said invoices contain all the particulars required to be mentioned in the invoices and are proper cenvatable invoices - Following decision of Tarsen Polyfab Pvt. Ltd. vs. CCE, NOIDA [2010 (10) TMI 270 - CESTAT, NEW DELHI] - Demand is time barred also - Decided in favour of assessee.
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