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    <title>2015 (5) TMI 135 - CESTAT AHMEDABAD</title>
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    <description>MODVAT credit could not be denied where the Revenue relied mainly on retracted transporter statements and an inconclusive RTO report, while the invoices were genuine, payments were made through banking channels, and the goods were recorded in statutory records. Because the relied-upon witnesses were not made available for cross-examination despite an earlier remand direction, the untested statements could not be treated as the sole basis for disallowing credit. On those facts, the penalties also could not be sustained.</description>
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      <description>MODVAT credit could not be denied where the Revenue relied mainly on retracted transporter statements and an inconclusive RTO report, while the invoices were genuine, payments were made through banking channels, and the goods were recorded in statutory records. Because the relied-upon witnesses were not made available for cross-examination despite an earlier remand direction, the untested statements could not be treated as the sole basis for disallowing credit. On those facts, the penalties also could not be sustained.</description>
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