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2015 (11) TMI 1028 - AT - Central ExciseCenvat Credit - Supplementary invoices - transfer of Credit by paper transaction by the Job worker - Held that:- In the absence of any evidence to show that the appellant had not paid the amount of ₹ 47,64,194/- and ₹ 8,73,600/-, for taking back the CENVAT credit of 16% it would be difficult to assume that a party would pay 100% towards value. Unless it is shown that this amount was not paid or this was a paper transaction, it is difficult to take a view that this was a planned operation to extract the CENVAT credit. The amount has been paid in reality by the appellant and in the absence of contrary evidence on record that would be obvious conclusion. There was a possibility of the Revenue taking a view that the job worker having realized the excess value should have debited the CENVAT credit and paid the amount in cash and commencement of proceedings against the job-worker if the appellant had not ensured that the job worker had paid the differential duty arising because of the transaction. That being the situation, one cannot really come to the conclusion that this was a planned operation to extract Cenvat credit. The department could have had a better case if there was any evidence to show that there was no payment by the appellant to the job-worker but it was paper transaction and only credit was transferred. - Decided in favour of assessee.
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