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2016 (12) TMI 326 - AT - Central ExciseDemand - clandestine removal - inputs and finished goods in the statutory records were found in the order - Held that: - the main allegation for denial of credit to the respondent is the statement of She R.K Gupta, proprietor of M/s R.K. Enterprises who has stated that he has not supplied the goods and issued the cenvatable invoices to avail inadmissible cenvat credit but the respondent have proved on the basis of evidence that they have received the goods and the records were found in their premises in order. Further, no corroborative evidence produced by the Revenue for non receipt of the inputs in the factory of the respondent. Moreover, the respondents have received the goods through second stage dealer accompany the goods and invoices. The Revenue has also failed to prove flow back of money for none receipt of the goods. This is the fact on record the goods have been used in manufacture of final product which have been cleared on payment of duty. In the absence of any contrary evidence, the cenvat credit cannot be denied to the respondents relying on the decisions in the case of Garima Enterprises [2009 (1) TMI 230 - PUNJAB & HARYANA HIGH COURT]. The respondents have taken cenvat credit correctly and no proceedings were warranted against the respondents. Consequently, no penalty is imposable on the respondents - appeal dismissed - decided in favor of respondent-assessee.
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