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2017 (7) TMI 835 - AT - Central ExciseCENVAT credit - job-work - denial on three grounds namely that the same has been availed on invalid documents i.e. xerox copies of invoice and secondly non-receipt of goods sent for job work within 180 days and thirdly non-reversal of Cenvat credit on the provision made for obsolete inventory? - Held that: - the appellant has proved on record that he has rightly taken the Cenvat credit on the xerox copies of the invoice and with regard to non-receipt of goods sent for job work within 180 days, he has reversed the credit on the basis of audit objections - once the appellant has reversed the Cenvat credit on being pointed out by the audit then the department should not have issued the show-cause notice, the department has not brought any material on record to show that there was fraud, willful suppression and collusion and suppression of facts with intent to evade payment of duty. The impugned order is not sustainable in law in so far the imposition of penalties and interest are concerned - appeal allowed - decided partly in favor of appellant.
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