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2009 (1) TMI 163 - CESTAT, AHMEDABADSuppliers of the grey fabrics who had issued the invoices, found to be non-existent/fake/bogus - revenue not proved that respondents had connived with the suppliers and availed credit - As rightly observed by the Commissioner that the respondents can be found fault work for not taking reasonable steps as contemplated in Rule 7 of CENVAT Credit Rules, but they cannot be held liable to penalty u/s 11AC of CEA. 1944 - Moreover, suppression of facts/fraud or misdeclaration not proved - impugned imposing penalty u/r 13(1) [now 15(1)] of CCR} instead of 11AC of CEA, is justified
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