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    <title>2012 (3) TMI 169 - CESTAT, NEW DELHI</title>
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    <description>Deemed Modvat credit under Notification No. 58/97-CE was available where inputs were received under invoices referring to duty payment under the compounded levy scheme in Rule 96ZP(3). The Tribunal treated invoices stating that duty liability had been discharged, or was to be discharged, as legally equivalent because both reflected the same deferred duty mechanism under Section 3A of the Central Excise Act, 1944. It held that the recipient could not be denied credit merely because the Revenue disputed the supplier&#039;s duty payment; any challenge had to be pursued against the supplier. Credit was therefore admissible and denial of credit was unsustainable.</description>
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    <pubDate>Thu, 19 Jan 2012 00:00:00 +0530</pubDate>
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      <title>2012 (3) TMI 169 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=211323</link>
      <description>Deemed Modvat credit under Notification No. 58/97-CE was available where inputs were received under invoices referring to duty payment under the compounded levy scheme in Rule 96ZP(3). The Tribunal treated invoices stating that duty liability had been discharged, or was to be discharged, as legally equivalent because both reflected the same deferred duty mechanism under Section 3A of the Central Excise Act, 1944. It held that the recipient could not be denied credit merely because the Revenue disputed the supplier&#039;s duty payment; any challenge had to be pursued against the supplier. Credit was therefore admissible and denial of credit was unsustainable.</description>
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      <pubDate>Thu, 19 Jan 2012 00:00:00 +0530</pubDate>
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