https://www.taxtmi.com/caselaws?id=751856 CESTAT Kolkata set aside demand for denial of CENVAT credit against appellant who had suspended manufacturing activities and surrendered registration. Revenue's case relied solely on transporters' statements and assumption of paper transactions due to absence of machinery during investigation. Tribunal held transporters' inculpatory statements inadmissible as cross-examination was denied under Section 9D of Central Excise Act, 1944. Appellant had legitimately procured inputs, made payments through account payee cheques, and utilized CENVAT credit for duty payment on clearances. No adverse findings against suppliers or recipients during investigation. Demand and penalties on both appellants set aside. Appeal allowed. en-us Thu, 25 Apr 2024 00:00:00 +0530 Sat, 27 Apr 2024 07:32:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751856 CESTAT Kolkata set aside demand for denial of CENVAT credit against appellant who had suspended manufacturing activities and surrendered registration. Revenue's case relied solely on transporters' statements and assumption of paper transactions due to absence of machinery during investigation. Tribunal held transporters' inculpatory statements inadmissible as cross-examination was denied under Section 9D of Central Excise Act, 1944. Appellant had legitimately procured inputs, made payments through account payee cheques, and utilized CENVAT credit for duty payment on clearances. No adverse findings against suppliers or recipients during investigation. Demand and penalties on both appellants set aside. Appeal allowed. Case-Laws Central Excise Thu, 25 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751856