https://www.taxtmi.com/caselaws?id=104998 Modvat credit could not be denied on unproved assumptions about the quality of HDPE granules or on a bare allegation of non-receipt of imported granules. The officers' opinion that the goods were regenerated granules was unsupported by sampling or other evidence, while the recorded quantity matched the credit claimed and the assessee's explanation was not disproved. On the alleged non-receipt of imported goods, transport documents showed movement to the factory and the Revenue failed to rebut them or discharge its burden of proving non-receipt. The denial of credit and associated penalty were therefore set aside. en-us Mon, 09 Sep 2002 00:00:00 +0530 Fri, 02 Mar 2012 11:11:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104998 Modvat credit could not be denied on unproved assumptions about the quality of HDPE granules or on a bare allegation of non-receipt of imported granules. The officers' opinion that the goods were regenerated granules was unsupported by sampling or other evidence, while the recorded quantity matched the credit claimed and the assessee's explanation was not disproved. On the alleged non-receipt of imported goods, transport documents showed movement to the factory and the Revenue failed to rebut them or discharge its burden of proving non-receipt. The denial of credit and associated penalty were therefore set aside. Case-Laws Central Excise Mon, 09 Sep 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104998