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    <title>2005 (11) TMI 422 - CESTAT, NEW DELHI</title>
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    <description>Penalty under Section 173Q of the Central Excise Rules was held unsustainable where the allegation of issuance of fake invoices was not supported by evidence. The record showed that the appellant&#039;s premises were searched without any adverse recovery, the appellant consistently denied issuing the invoices, and no material established that the invoices were in fact issued by the appellant. The absence of the alleged beneficiary from the proceedings did not remedy the evidentiary gap, and the penalty was set aside in favour of the assessee.</description>
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    <pubDate>Wed, 30 Nov 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=118948</link>
      <description>Penalty under Section 173Q of the Central Excise Rules was held unsustainable where the allegation of issuance of fake invoices was not supported by evidence. The record showed that the appellant&#039;s premises were searched without any adverse recovery, the appellant consistently denied issuing the invoices, and no material established that the invoices were in fact issued by the appellant. The absence of the alleged beneficiary from the proceedings did not remedy the evidentiary gap, and the penalty was set aside in favour of the assessee.</description>
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      <pubDate>Wed, 30 Nov 2005 00:00:00 +0530</pubDate>
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