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2008 (7) TMI 412 - HC - Central ExciseDemand of duty,interest and penalties - Tribunal set aside the levy - Held that:- On an overall appreciation of the aforesaid evidence applying the test of preponderance of probability vis-a-vis the confessional statements it has been found by CESTAT that the conclusion of the adjudicating authority that Cenvat credit claimed is inadmissible, is an incorrect conclusion not supported by the evidence on record. Thus as seen from the impugned order of CESTAT and the adjudication order, it is a question of appreciating the same set of facts and evidence available on record. The findings recorded by CESTAT summarized hereinbefore would go to indicate that the case put forth by the assessee is a plausible case and in the circumstances, in absence of any corroborative evidence brought on record by revenue, the findings recorded by CESTAT do not call for any interference. Thus none of the questions, as proposed in each of the tax appeals or otherwise, can be termed to be substantial questions of law. The appeals are accordingly dismissed.
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