TMI Blog2012 (11) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... voices, the payments were made - Held that:- Even though the Rules had undergone modifications, the principles underlying availment of Cenvat credit remained the same - there was no dispute that the appellant before it did purchase the goods and there was absolutely no evidence to show that even one transaction out of several was not genuine and the goods had not been received but only the bills h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 3. It appears that in a proceeding arising out of Section 11 of the Act, the adjudicating authority demanded central excise duty of Rs. 58,24,986/- equal to Cenvat credit allegedly wrongly availed and utilized by the assessee, with interest as applicable and also imposed penalty equal to the above amount under Section 11AC of the Act. 4. The assessee preferred an appeal before the appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... absolutely no evidence to show that even one transaction out of several was not genuine and the goods had not been received but only the bills had been raised. 6. In such circumstances, as there was no evidence to show that the inputs had not been received and in all the cases, invoices issued by the first and second dealers had shown the name of the appellant before the Tribunal as consignee an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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