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    <title>2018 (2) TMI 390 - CESTAT, ALLAHABAD</title>
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    <description>Cenvat credit on scrap purchased from a registered dealer was held admissible because the invoices were valid, there was no allegation that the goods were not duty paid, and there was no dispute that the inputs were received in the factory. Applying the principle under Rule 9(3) of the Cenvat Credit Rules, 2004, an assessee dealing with a first stage dealer is protected when acting with reasonable diligence, so the presumption against credit could not be sustained. The show cause notice was therefore unsustainable, the demand and penalty were set aside, the assessee&#039;s appeal was allowed, and the Revenue&#039;s appeal was dismissed.</description>
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    <pubDate>Wed, 27 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2018 (2) TMI 390 - CESTAT, ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=354969</link>
      <description>Cenvat credit on scrap purchased from a registered dealer was held admissible because the invoices were valid, there was no allegation that the goods were not duty paid, and there was no dispute that the inputs were received in the factory. Applying the principle under Rule 9(3) of the Cenvat Credit Rules, 2004, an assessee dealing with a first stage dealer is protected when acting with reasonable diligence, so the presumption against credit could not be sustained. The show cause notice was therefore unsustainable, the demand and penalty were set aside, the assessee&#039;s appeal was allowed, and the Revenue&#039;s appeal was dismissed.</description>
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      <pubDate>Wed, 27 Dec 2017 00:00:00 +0530</pubDate>
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