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    <title>2017 (3) TMI 461 - BOMBAY HIGH COURT</title>
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    <description>Modvat/Cenvat credit was sustained where the Tribunal, on the documentary record and witness statements, found no material difference between the scrap described in the invoices and the scrap actually received and used. It further found no proof of short receipt, excess dispatch, quantity deficiency, duty mismatch, or unreliable dealer records, and no evidence that credit was availed on substituted goods. The HC held these were factual findings based on evidence, saw no perversity or error of law, and declined to reappreciate the material merely because the Revenue preferred a different inference. The allegation of fraud was not proved, so the order allowing credit and setting aside duty, interest and penalties was upheld.</description>
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      <title>2017 (3) TMI 461 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=339958</link>
      <description>Modvat/Cenvat credit was sustained where the Tribunal, on the documentary record and witness statements, found no material difference between the scrap described in the invoices and the scrap actually received and used. It further found no proof of short receipt, excess dispatch, quantity deficiency, duty mismatch, or unreliable dealer records, and no evidence that credit was availed on substituted goods. The HC held these were factual findings based on evidence, saw no perversity or error of law, and declined to reappreciate the material merely because the Revenue preferred a different inference. The allegation of fraud was not proved, so the order allowing credit and setting aside duty, interest and penalties was upheld.</description>
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