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2016 (2) TMI 453 - CESTAT CHENNAI

2016 (2) TMI 453 - CESTAT CHENNAI - TMI - Denial of Cenvat credit - assessee has suffered duty against the purchases made from the dealer who dealt with the excisable goods came from M/s. CPCL - Held that:- In absence of any contrary finding as to non-payment of duty by the respondent or for no deposit of such duty realized from respondent, into the treasury by M/s. IOCL, it would be impracticable to deny Cenvat credit to the respondent in respect of the duty paid by it on good faith to M/s. IOC .....

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39;s grievance is that what that was actual duty leviable on the products sold by M/s. CPCL to M/s. IOCL and in turn such product sold by M/s. IOCL to the respondent is only admissible as Cenvat credit to the Respondent subject to fulfilment of other conditions of the law relating to Cenvat credit. M/s. IOCL collected higher amount of excise duty from the respondent. Therefore, Respondent is not entitled to take credit of such higher amount of duty for the reason that M/s. IOCL was not registere .....

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