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    <title>2008 (9) TMI 223 - CESTAT NEW DELHI</title>
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    <description>Cenvat/Modvat credit depends on actual receipt of inputs, and where transport verification showed the invoice vehicles were incapable of carrying the goods, fictitious movement was inferred and the assessee had to prove genuine receipt. The assessee failed to discharge that burden, so denial of credit and reversal demand were sustained. Fraud, misstatement and suppression justified invocation of the extended limitation period, and penalty was also attracted because the credit was taken on the basis of fictitious transportation. The Tribunal nevertheless reduced the penalty amount in exercise of discretion.</description>
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      <title>2008 (9) TMI 223 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=33159</link>
      <description>Cenvat/Modvat credit depends on actual receipt of inputs, and where transport verification showed the invoice vehicles were incapable of carrying the goods, fictitious movement was inferred and the assessee had to prove genuine receipt. The assessee failed to discharge that burden, so denial of credit and reversal demand were sustained. Fraud, misstatement and suppression justified invocation of the extended limitation period, and penalty was also attracted because the credit was taken on the basis of fictitious transportation. The Tribunal nevertheless reduced the penalty amount in exercise of discretion.</description>
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      <pubDate>Wed, 03 Sep 2008 00:00:00 +0530</pubDate>
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