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    <title>2025 (11) TMI 1691 - CESTAT KOLKATA</title>
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    <description>CESTAT Kolkata allowed the appeal, setting aside the impugned order denying CENVAT credit and imposing penalties. The Tribunal held that the appellant had received M.S. scrap under invoices from registered dealers whose status was shown as &quot;active&quot; during the relevant period, and the goods were used in manufacture of dutiable final products. Revenue failed to prove that the transactions were fictitious, that goods were not received, or that inputs were procured from alternate sources. Mere withdrawal of cash by dealers and subsequent alert circulars did not establish fraud. Consequently, CENVAT credit was held to be correctly availed and all penalties on the appellant-company and co-appellants were dropped.</description>
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    <pubDate>Fri, 02 May 2025 00:00:00 +0530</pubDate>
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      <title>2025 (11) TMI 1691 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=782223</link>
      <description>CESTAT Kolkata allowed the appeal, setting aside the impugned order denying CENVAT credit and imposing penalties. The Tribunal held that the appellant had received M.S. scrap under invoices from registered dealers whose status was shown as &quot;active&quot; during the relevant period, and the goods were used in manufacture of dutiable final products. Revenue failed to prove that the transactions were fictitious, that goods were not received, or that inputs were procured from alternate sources. Mere withdrawal of cash by dealers and subsequent alert circulars did not establish fraud. Consequently, CENVAT credit was held to be correctly availed and all penalties on the appellant-company and co-appellants were dropped.</description>
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      <pubDate>Fri, 02 May 2025 00:00:00 +0530</pubDate>
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