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2015 (2) TMI 1012 - AT - Central ExciseDenial of CENVAT Credit - reduction on account of Cenvat credit attributable to inputs - Held that:- Main raw material for manufacturing the fabric is yarn and as per the Show Cause Notice and the order impugned, it has been alleged that the respondent has purchased the inputs i.e. yarn to the tune of ₹ 77,27,761/- but it is not coming out from the investigation from where this figure they have got when the respondent has made a statement that he has destroyed the purchase invoices. The investigation was not conducted to verify the invoices issued by the suppliers and it is alleged that the invoices issued by the dealers are not Cenvatable invoice. It is a mere presumption that the invoices issued by the suppliers are not Cenvatable but no verification is done in this case at the suppliers end during the course of investigation. Therefore, at this stage, it cannot be alleged that the invoices issued by the suppliers are not cenvatable, in the absence of any concrete evidence brought on record by the Revenue during the course of investigation that the invoices issued by the suppliers are not cenvatable. In the impugned order the learned Commissioner (Appeals) has considered all the aspects and thereafter he has arrived at a decision that for the purchase of yarn to the tune of ₹ 77,27,761/- the respondent is entitled for Cenvat Credit on these inputs which works out to ₹ 5,48,401/-. In these circumstances, when the investigation is weak therefore I do not find any infirmity in the impugned order. The same is upheld - Decided against Revenue.
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