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2022 (4) TMI 1104 - AT - Central ExciseRecovery of CENVAT Credit - purchased copper ingots and sent them directly to its job workers for converting them into copper wire rods - denial of credit on the ground that since VKM had not manufactured any ingots, it could not have supplied them to its buyers and only invoices were issued without supplying any ingots - HELD THAT:- The basis of the allegations in the show cause notice in this case and denial of Cenvat credit by the impugned order and imposition of penalties is also on the ground that M/s VKM had not manufactured any copper ingots and had only issued invoices to the appellant. This Tribunal had already decided, by a detailed order in VINOD KUMAR JAIN VERSUS C.C.E. & S.T. -JAMMU & KASHMIR AND OTHERS [2018 (5) TMI 1512 - CESTAT NEW DELHI], that this allegation is not true and VKM had manufactured copper ingots. Therefore, no basis remains for denial of Cenvat credit to the appellant/assessee herein. Consequently, the imposition of penalty upon the assessee and Shri Anil Gupta, Director of the assessee also cannot sustain. The impugned order dated 26.09.2013 cannot be sustained - appeal allowed - decided in favor of appellant.
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