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    <title>2017 (2) TMI 1165 - CESTAT NEW DELHI</title>
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    <description>Cenvat credit cannot be denied on a mere technical objection where the job worker paid service tax and issued debit notes instead of invoices. The governing principle is that substance prevails over form, so actual tax payment is sufficient even if the charging document is questioned. Credit also cannot be refused on the ground that the service tax was allegedly not payable, because entitlement turns on tax actually paid. Where the credit was validly taken and the goods were exported, refund under Rule 5 of the Cenvat Credit Rules is available.</description>
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      <link>https://www.taxtmi.com/caselaws?id=339465</link>
      <description>Cenvat credit cannot be denied on a mere technical objection where the job worker paid service tax and issued debit notes instead of invoices. The governing principle is that substance prevails over form, so actual tax payment is sufficient even if the charging document is questioned. Credit also cannot be refused on the ground that the service tax was allegedly not payable, because entitlement turns on tax actually paid. Where the credit was validly taken and the goods were exported, refund under Rule 5 of the Cenvat Credit Rules is available.</description>
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