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    <title>2008 (7) TMI 412 - HIGH COURT OF GUJARAT AT AHMEDABAD</title>
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    <description>Cenvat credit was held admissible where the assessee produced independent documentary evidence showing receipt and use of inputs, including cheque payments, octroi receipts, RG-23 entries and monthly returns. Retracted confessional statements, unsupported by corroborative material, were insufficient to displace that evidence or deny credit. The storage-capacity objection also failed because the relevant inquiry was whether the goods could be held when received, not the total quantity received over two years. Applying the test of preponderance of probability, the Tribunal&#039;s factual findings were upheld and no substantial question of law arose for interference.</description>
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      <link>https://www.taxtmi.com/caselaws?id=48296</link>
      <description>Cenvat credit was held admissible where the assessee produced independent documentary evidence showing receipt and use of inputs, including cheque payments, octroi receipts, RG-23 entries and monthly returns. Retracted confessional statements, unsupported by corroborative material, were insufficient to displace that evidence or deny credit. The storage-capacity objection also failed because the relevant inquiry was whether the goods could be held when received, not the total quantity received over two years. Applying the test of preponderance of probability, the Tribunal&#039;s factual findings were upheld and no substantial question of law arose for interference.</description>
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