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    <title>2015 (10) TMI 335 - CESTAT AHMEDABAD</title>
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    <description>CENVAT credit was held admissible on supplementary invoices issued by a sister unit in an inter-unit stock transfer, because the movement was not a sale. The differential duty had already been paid by the sister unit on price escalation, and Rule 9(1)(b) of the CENVAT Credit Rules, 2004 was applied on the basis that the bar on credit from supplementary invoices operates only where the underlying transaction is a sale. As the department did not dispute the stock transfer character of the transaction, the demand for duty, interest and penalty was held unsustainable and the lower orders were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=265060</link>
      <description>CENVAT credit was held admissible on supplementary invoices issued by a sister unit in an inter-unit stock transfer, because the movement was not a sale. The differential duty had already been paid by the sister unit on price escalation, and Rule 9(1)(b) of the CENVAT Credit Rules, 2004 was applied on the basis that the bar on credit from supplementary invoices operates only where the underlying transaction is a sale. As the department did not dispute the stock transfer character of the transaction, the demand for duty, interest and penalty was held unsustainable and the lower orders were set aside.</description>
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