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    <title>2014 (2) TMI 1096 - CESTAT NEW DELHI</title>
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    <description>Cenvat credit cannot be denied to a recipient merely because the supplier&#039;s activity is later treated as not amounting to manufacture, where duty was actually paid on the clearances. The recipient&#039;s credit entitlement cannot be defeated by reopening the supplier&#039;s assessment at the recipient end, especially when the supplier was not a party to the proceedings. On those facts, the denial of credit was unsustainable and the assessee remained entitled to avail the credit.</description>
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      <description>Cenvat credit cannot be denied to a recipient merely because the supplier&#039;s activity is later treated as not amounting to manufacture, where duty was actually paid on the clearances. The recipient&#039;s credit entitlement cannot be defeated by reopening the supplier&#039;s assessment at the recipient end, especially when the supplier was not a party to the proceedings. On those facts, the denial of credit was unsustainable and the assessee remained entitled to avail the credit.</description>
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