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2016 (12) TMI 216 - AT - Central ExciseCENVAT credit - clandestine removal to avail fraudulent credit - bogus invoices - fictitious firm - Held that: - The evidences placed by department before me are not cogent to establish that appellant is guilty of fraudulent availment of CENVAT Credit. Mere suspicion or assumptions and presumptions cannot be the basis for such serious allegation of fraudulent availment of credit. From the facts and evidences placed before me, I am of the view that department has not succeeded in establishing the allegations raised in the SCN against the appellant. In view thereof, the impugned demand alleging fraudulent availment of credit is not sustainable - appeal allowed - decided in favor of appellant-assessee.
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