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2023 (12) TMI 367 - CESTAT BANGALORERecovery of CENVAT Credit - credit passed on by the appellant as the first stage dealer/importer by debiting DEPB pass book - Rule 12 of Cenvat Credit Rules, 2002/ Rule 14 of Cenvat Credit Rules, 2004 - HELD THAT:- From a plain reading of the above provisions, it is clear that the Cenvat Credit has been taken and utilized wrongly, could be recovered from the ‘manufacturer’ only. In the present case, the show cause notice has been erroneously issued to the appellant-dealer for passing on the credit by debiting the DEPB passbook instead of to the ‘manufacturer’, who received the credit. It is found that the purchasers, who have received the invoices, categorically denied availment/utilization of Cenvat Credit during the relevant period even though it was passed on to them in dealer’s invoice. Necessary evidences have been annexed to the Appeal paper-book. No contrary evidence has been placed by the Revenue to rebut the same. Thus, recovery of credit from the first stage dealer/importer-appellant as confirmed in the impugned order, cannot be sustained. The impugned order is set aside - Appeal allowed.
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