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    <title>2025 (6) TMI 765 - CESTAT KOLKATA</title>
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    <description>CESTAT Kolkata allowed the appeal, setting aside the order denying CENVAT credit. The tribunal held that credit cannot be denied based on SEBI&#039;s alert letter issued 16 months after appellant obtained NOC, as the alert was issued much later than the transaction date. Non-payment of service tax by the service provider is insufficient grounds to deny credit without proving appellant&#039;s connivance. Statements recorded during investigation lack evidentiary value without Section 9D compliance. The show-cause notice was time-barred as credit was properly reflected in books and returns. Consequently, no penalty was imposable.</description>
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    <pubDate>Wed, 11 Jun 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 765 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=772652</link>
      <description>CESTAT Kolkata allowed the appeal, setting aside the order denying CENVAT credit. The tribunal held that credit cannot be denied based on SEBI&#039;s alert letter issued 16 months after appellant obtained NOC, as the alert was issued much later than the transaction date. Non-payment of service tax by the service provider is insufficient grounds to deny credit without proving appellant&#039;s connivance. Statements recorded during investigation lack evidentiary value without Section 9D compliance. The show-cause notice was time-barred as credit was properly reflected in books and returns. Consequently, no penalty was imposable.</description>
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      <pubDate>Wed, 11 Jun 2025 00:00:00 +0530</pubDate>
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