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    <title>2015 (6) TMI 1271 - CESTAT NEW DELHI</title>
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    <description>Cenvat credit cannot be denied, and penalty cannot be sustained, on the basis of an uncorroborated dealer statement alone alleging invoices without supply of goods. Where no statement of the buyer was recorded and no investigation was made with the transporter or manufacturer supplier to verify movement and delivery, the allegation of a paper transaction remains unsupported. The buyer&#039;s evidence that goods were received against the invoices was not displaced by any corroborative material from Revenue. A show cause notice cannot rest on presumptions and assumptions; denial of credit requires evidence establishing non-receipt of goods. On the available material, the demand and penalty were unsustainable.</description>
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    <pubDate>Wed, 10 Jun 2015 00:00:00 +0530</pubDate>
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      <title>2015 (6) TMI 1271 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=456441</link>
      <description>Cenvat credit cannot be denied, and penalty cannot be sustained, on the basis of an uncorroborated dealer statement alone alleging invoices without supply of goods. Where no statement of the buyer was recorded and no investigation was made with the transporter or manufacturer supplier to verify movement and delivery, the allegation of a paper transaction remains unsupported. The buyer&#039;s evidence that goods were received against the invoices was not displaced by any corroborative material from Revenue. A show cause notice cannot rest on presumptions and assumptions; denial of credit requires evidence establishing non-receipt of goods. On the available material, the demand and penalty were unsustainable.</description>
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