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2016 (8) TMI 1108 - CESTAT MUMBAI

2016 (8) TMI 1108 - CESTAT MUMBAI - TMI - Cenvat credit - Special denatured spirit received from M/s.Hanil Era Textile Ltd. - M/s.Hanil Era Textile Ltd. had fraudulently taken excess Cenvat Credit by showing more Cenvat Credit than available as per law, as a closing balance at the end of the month of July 2008 and used the same to pay duty for clearance of special denatured sprit to the appellant - Held that:- there is no evidence produced to assert that the appellants knew that the supplier of .....

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.Laxmi Organics Industries Ltd. were issued notice seeking to deny Cenvat Credit on special denatured spirit received by them from M/s.Hanil Era Textile Ltd. The credit was sought to be denied as M/s.Hanil Era Textile Ltd. had fraudulently taken excess Cenvat Credit by showing more Cenvat Credit than available as per law, as a closing balance at the end of the month of July 2008 and used the same to pay duty for clearance of special denatured sprit to the appellant. The demand was confirmed by t .....

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d. Cenvat Credit taken and utilized the person from whom the input or capital goods have been procured is recorded and burden of proof regarding the admissibility of the Cenvat Credit shall be upon the manufacturer or provider of output service taking such credit is not proper . 2.1 He argued that the supplier of goods may have done something wrong but no wrong doing has been pointed out so far as the appellants are concerned. He relied on the decision of the Tribunal in the case of RS Industrie .....

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