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    <title>2017 (9) TMI 497 - CESTAT ALLAHABAD</title>
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    <description>Denial of cross-examination of witnesses whose statements were relied upon was treated as a breach of natural justice, making the evidentiary basis for the demand unsafe. The demand was also held time-barred because departmental intimation showed knowledge of the goods, while fraud or suppression was not proved to justify the extended limitation period. On the facts, Modvat credit on cranes and handling equipment was found admissible since the cranes were installed in the factory, supporting invoices were available, and the alleged paper transaction theory was not established. The credit disallowance and penalties therefore did not survive.</description>
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    <pubDate>Fri, 04 Aug 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=347740</link>
      <description>Denial of cross-examination of witnesses whose statements were relied upon was treated as a breach of natural justice, making the evidentiary basis for the demand unsafe. The demand was also held time-barred because departmental intimation showed knowledge of the goods, while fraud or suppression was not proved to justify the extended limitation period. On the facts, Modvat credit on cranes and handling equipment was found admissible since the cranes were installed in the factory, supporting invoices were available, and the alleged paper transaction theory was not established. The credit disallowance and penalties therefore did not survive.</description>
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