<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2012 (10) TMI 549 - CESTAT MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=217611</link>
    <description>CENVAT credit was contested on dealers&#039; invoices where the Department alleged non-receipt of duty-paid inputs and use of parallel or invalid invoices. One Member held that the assessee had received the scrap, taken reasonable steps, and could not be denied credit for the dealer&#039;s alleged fraud, making the demand, interest, and penalties unsustainable. The other Member found the invoices non-genuine, the goods not proved to have crossed the Gujarat border, and the transport evidence supportive of the Department, and upheld invocation of the extended limitation period in a case of fraudulent credit availment. The matter was referred for a third Member because of the differing views on credit and limitation.</description>
    <language>en-us</language>
    <pubDate>Fri, 03 Feb 2012 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 19 Oct 2012 15:42:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=190986" rel="self" type="application/rss+xml"/>
    <item>
      <title>2012 (10) TMI 549 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=217611</link>
      <description>CENVAT credit was contested on dealers&#039; invoices where the Department alleged non-receipt of duty-paid inputs and use of parallel or invalid invoices. One Member held that the assessee had received the scrap, taken reasonable steps, and could not be denied credit for the dealer&#039;s alleged fraud, making the demand, interest, and penalties unsustainable. The other Member found the invoices non-genuine, the goods not proved to have crossed the Gujarat border, and the transport evidence supportive of the Department, and upheld invocation of the extended limitation period in a case of fraudulent credit availment. The matter was referred for a third Member because of the differing views on credit and limitation.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 03 Feb 2012 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=217611</guid>
    </item>
  </channel>
</rss>