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    <title>2008 (3) TMI 161 - CESTAT NEW DELHI</title>
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    <description>Deemed credit under the relevant notification could not be denied to the recipient merely because the inputs were reclassified at the buyer&#039;s end, where the invoice declaration was the basis for the credit and the exclusion clause applied only if the supplier had failed to correctly declare particulars at clearance. Since proceedings against the supplier had been dropped and that order was not challenged, the allegation against the buyer could not survive. The denial of deemed credit was therefore unsustainable, and the connected penalty and interest also failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=30301</link>
      <description>Deemed credit under the relevant notification could not be denied to the recipient merely because the inputs were reclassified at the buyer&#039;s end, where the invoice declaration was the basis for the credit and the exclusion clause applied only if the supplier had failed to correctly declare particulars at clearance. Since proceedings against the supplier had been dropped and that order was not challenged, the allegation against the buyer could not survive. The denial of deemed credit was therefore unsustainable, and the connected penalty and interest also failed.</description>
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