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2015 (10) TMI 1664 - CESTAT NEW DELHIDenial of CENVAT Credit - Misdeclaration - Held that:- Cenvat credit sought to be denied on two grounds (a) the value of raw material is higher than the value of finished goods, (b) there is mis-match of vehicle number on invoice and GR. Although the appellant has explained both the issues, during the course of investigation, by saying that average price of finished goods is much higher than the average price of raw material and the supplier has transported the goods up to his godown in his own truck and also have explained to the investigating team. Thereafter, the goods have been transported by the transporter to the appellant’s premises. This explanation has not been considered by both the lower authorities. If same would have been considered then the appellant would not have travelled up to this Tribunal. As appellant has explained the discrepancy sought by the audit team, I do not find any discrepancy in the explanation given by the appellant and Revenue has not come up with any corroborative evidence to allege the allegations made in the show cause notice. In these circumstances, I hold that the appellant has correctly taken the credit consequently the impugned order is set aside - Decided in favour of assessee.
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