https://www.taxtmi.com/caselaws?id=446750 CESTAT Ahmedabad allowed the appeal regarding incorrect availment of CENVAT credit on inputs including SS Patta/Patti, SS Circle, SS Flat, SS Sheet and MS scrap. The tribunal held that the appellant had correctly availed credit on SS waste and scrap received through dealers, finding no cogent evidence of diversion or replacement. Regarding MS scrap credit, despite revenue's allegations that domestic scrap was received without duty payment, cross-examination revealed witnesses either couldn't remember transaction details or gave contradictory statements. The tribunal found no evidence of cash procurement from open market, flow back of amounts, or identification of domestic scrap suppliers for the substantial 9078 MT quantity involved. Revenue failed to substantiate allegations beyond conjectures, lacking corroborative evidence for serious charges, resulting in demand being quashed. en-us Fri, 08 Dec 2023 00:00:00 +0530 Mon, 11 Dec 2023 08:58:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446750 CESTAT Ahmedabad allowed the appeal regarding incorrect availment of CENVAT credit on inputs including SS Patta/Patti, SS Circle, SS Flat, SS Sheet and MS scrap. The tribunal held that the appellant had correctly availed credit on SS waste and scrap received through dealers, finding no cogent evidence of diversion or replacement. Regarding MS scrap credit, despite revenue's allegations that domestic scrap was received without duty payment, cross-examination revealed witnesses either couldn't remember transaction details or gave contradictory statements. The tribunal found no evidence of cash procurement from open market, flow back of amounts, or identification of domestic scrap suppliers for the substantial 9078 MT quantity involved. Revenue failed to substantiate allegations beyond conjectures, lacking corroborative evidence for serious charges, resulting in demand being quashed. Case-Laws Central Excise Fri, 08 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446750