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2019 (4) TMI 1062 - AT - Central ExciseCENVAT Credit - fake invoices - fraudulent paper transactions without physically receiving the corresponding goods - HELD THAT:- No evidence whatsoever has been produced by the Revenue to substantiate the fact that the respondent assessee had procured the impugned goods from elsewhere after getting possession of the relevant Central Excise Invoices issued in their favour from M/s Shree Ganesh Forging Company. Further, nothing has been brought on record to show any manner in which the assessee had accounted for the quantum of raw materials for finished goods in their stock if the impugned goods/inputs had not been received by them during the material period, as alleged by the Department. In the absence of any credible corroborative evidence, the allegation of non-receipt of inputs/goods by the assessee is not maintainable - The credit cannot be denied merely on the ground of suspicion being not bagged by credible corroborative evidence. Tribunal in the case of M/S. DHAKAD METAL CORPORATION AND M/S. BHAVNA METAL COMPANY VERSUS COMMISSIONER OF CENTRAL EXCISE & S.T., DAMAN [2015 (8) TMI 146 - CESTAT AHMEDABAD], where it was held that It is beyond comprehension that a man will get invoices without inputs and separately acquire inputs clandestinely from other sources to manufacture his goods. There is no whisper about M/s. Dhakad Metal Corporation to be indulging in clandestine removal of finished goods in these proceedings. It is now well settled legal position that a case can not be established on the basis of few confessional statements without other corroborative evidences like shortage of raw materials, cash transactions, alternative procurement of raw materials. Appeal dismissed - decided against Revenue.
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