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    <title>2014 (7) TMI 478 - CESTAT NEW DELHI</title>
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    <description>Penalty on co-noticees for issuing fake invoices and abetting wrongful Cenvat credit remained contested where the main noticee had settled before the Settlement Commission and obtained immunity. One view held that settlement by the main noticee concluded the proceedings and, on earlier Tribunal decisions, the co-noticees&#039; penalties could not survive. The contrary view held that immunity under settlement proceedings did not automatically extend to persons who were not before the Settlement Commission, especially where they were found to have independently ated in the fraudulent invoice chain and passing of credit. The Members disagreed on the result, and the matter was referred to the President for appropriate reference.</description>
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      <title>2014 (7) TMI 478 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=249441</link>
      <description>Penalty on co-noticees for issuing fake invoices and abetting wrongful Cenvat credit remained contested where the main noticee had settled before the Settlement Commission and obtained immunity. One view held that settlement by the main noticee concluded the proceedings and, on earlier Tribunal decisions, the co-noticees&#039; penalties could not survive. The contrary view held that immunity under settlement proceedings did not automatically extend to persons who were not before the Settlement Commission, especially where they were found to have independently ated in the fraudulent invoice chain and passing of credit. The Members disagreed on the result, and the matter was referred to the President for appropriate reference.</description>
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