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2018 (5) TMI 1617 - AT - Central ExciseReversal of CENVAT credit - recovery of ineligible credit passed on by declaring stocks in nonexistent premises and not existent stock - whether the appellants are required to pay back Cenvat Credit passed on as registered dealers or otherwise? - Held that: - all the appellants were registered dealers, were not manufactures; they had applied for and got provisional registration certificate as dealers; they had issued invoices as registered dealers during the period in question and that they had maintained the records in form RG 23 A instead of RG 23(D) - the provisions of Rule 12 of Cenvat Credit Rules 2002, as has been sought to be applied, cannot be invoked against the appellants, accordingly the question of confirming the demands raised does not arise - appeal allowed - decided in favor of appellant.
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