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    <title>2023 (5) TMI 652 - CESTAT KOLKATA</title>
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    <description>Cenvat credit on capital goods was recognised as admissible where the recipient received duty-paid goods under invoices from a registered supplier, paid through banking channels, and entered and used them in statutory records and its factory. Credit could not be denied merely on allegations that the supplier lacked manufacturing capacity or that invoices were fictitious, absent independent proof that the recipient did not receive the goods or was complicit in fraud. The extended period of limitation was also held unavailable because there was no proved suppression or wilful misstatement by the recipient, making the demand time-barred. The demand, interest and penalties were therefore set aside.</description>
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      <description>Cenvat credit on capital goods was recognised as admissible where the recipient received duty-paid goods under invoices from a registered supplier, paid through banking channels, and entered and used them in statutory records and its factory. Credit could not be denied merely on allegations that the supplier lacked manufacturing capacity or that invoices were fictitious, absent independent proof that the recipient did not receive the goods or was complicit in fraud. The extended period of limitation was also held unavailable because there was no proved suppression or wilful misstatement by the recipient, making the demand time-barred. The demand, interest and penalties were therefore set aside.</description>
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