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2017 (11) TMI 871 - AT - Central ExciseCENVAT credit - duty paying documents - it was alleged that M/s VKMW, the supplier of Goods (Copper Ingots) to the respondent, had no manufacturing facility at their declared factory premises and were engaged in issuing fraudulent invoices to their customers showing fictitious production of copper ingots in their unit, hence the goods said to be consigned on their invoices to their customers/buyers were actually not covered by such invoices, i.e. the goods covered by these invoices were not actually manufactured by M/s VKMW and only the invoices showing bogus clearance of finished goods had been issued, therefore no CENVAT credit was admissible on these invoices. Held that: - the findings of the learned Commissioner (Appeals) have not been assailed by the Revenue except bald allegation - It is an admitted fact that Revenue have taken action against the said M/s VKMW only in the year 2010. Thus, during the period of transactions 2004 05 and 2006 07. The appellant have entered into transaction with the said M/s VKMW bona-fide. It is also admitted fact that neither the Revenue had cancelled the registration certificate of the said M/s VKMW nor given any public notice as to the fraud committed by the said M/s VKMW. Thus, under the scheme of the Act, the respondent-assessee acted and bona-fide have procured the inputs from the said M/s VKMW on payment of duty by making payment for the invoices through the banking channel. The respondent-assessee have discharged their onus as regards genuineness of the transactions in question - appeal dismissed - decided against Revenue.
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