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2008 (11) TMI 225 - AT - Central ExciseCenvat / Modvat Credit – Doty paying documents – invoice issued by non registered dealer - The respondents purchased Furnace Oil and took Cenvat credit on the basis of the invoices issued by M/s. Indian Oil Corporation Ltd., Tondiarpet. During the relevant period, M/s. IOCL, Tondiarpet was not a registered dealer. To that extent, the invoice issued is strictly not a document on which Cenvat credit could have been taken. Therefore, Revenue proceeded against the Respondents for recovery of the Cenvat credit taken – held that - there is no dispute with regard to the duty paid nature of the goods. Moreover, M/s. IOCL is a very huge Public Sector Undertaking. M/s. IOCL, Tondiarpet is a part of this undertaking. Merely due to non-registration of M/s. IOCL, Tondiarpet, the denial of credit on duty paid Furnace Oil is not justified – credit allowed.
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