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    <title>2008 (6) TMI 440 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=123979</link>
    <description>Modvat credit on imported machinery was not admissible where actual installation and commissioning had not been proved at the time credit was taken. The record showed inconsistent certificates and no reliable factual basis for the claimed trial production, so disallowance of credit was justified. Penalty under the excise rules was also sustained because the credit was availed and utilised on the strength of a false certificate falsely representing installation and trial production. The use of a fraudulent certificate established conduct attracting the statutory penalty, and no reduction was warranted.</description>
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    <pubDate>Mon, 16 Jun 2008 00:00:00 +0530</pubDate>
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      <title>2008 (6) TMI 440 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=123979</link>
      <description>Modvat credit on imported machinery was not admissible where actual installation and commissioning had not been proved at the time credit was taken. The record showed inconsistent certificates and no reliable factual basis for the claimed trial production, so disallowance of credit was justified. Penalty under the excise rules was also sustained because the credit was availed and utilised on the strength of a false certificate falsely representing installation and trial production. The use of a fraudulent certificate established conduct attracting the statutory penalty, and no reduction was warranted.</description>
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      <pubDate>Mon, 16 Jun 2008 00:00:00 +0530</pubDate>
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