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    <title>2006 (2) TMI 454 - CESTAT, NEW DELHI</title>
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    <description>CENVAT credit under Rule 7(1)(b) of the Cenvat Credit Rules, 2002 can be denied on supplementary invoices only where the additional duty on the very inputs claimed as credit became payable because of fraud, collusion, wilful misstatement, suppression of facts or similar culpable conduct with intent to evade duty. Where the Settlement Commission recorded suppression only for imported finished goods and made no such finding in relation to the imported inputs, the statutory bar to credit was not attracted. On that basis, denial of CENVAT credit and the connected penalty were unjustified and were set aside.</description>
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    <pubDate>Fri, 17 Feb 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=117928</link>
      <description>CENVAT credit under Rule 7(1)(b) of the Cenvat Credit Rules, 2002 can be denied on supplementary invoices only where the additional duty on the very inputs claimed as credit became payable because of fraud, collusion, wilful misstatement, suppression of facts or similar culpable conduct with intent to evade duty. Where the Settlement Commission recorded suppression only for imported finished goods and made no such finding in relation to the imported inputs, the statutory bar to credit was not attracted. On that basis, denial of CENVAT credit and the connected penalty were unjustified and were set aside.</description>
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      <pubDate>Fri, 17 Feb 2006 00:00:00 +0530</pubDate>
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