2023 (12) TMI 1367

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....RAVINDER DUDEJA For the Petitioner : Mr. Abhas Mishra & Ms. Neha Singhal, Advs For the Respondent : Mr. Arjun Jain & Ms. Simran Kumari Advs. For Ms. Anushree Narain, SC ORDER 1. This appeal is directed against the order dated 26 October 2017 and in terms of which the Customs Excise & Service Tax Tribunal ['CESTAT'] has upheld the view canvassed by the Department and against the assesse....

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....availed on the basis of such invoices are admissible." 3. The contention which was however addressed by the appellant was that even if credit had been availed albeit fraudulently, the same would stand reversed at the time of issuance of invoices. This understanding of a reversal of credit is what has been answered against the appellant by the CESTAT as would be evident from the following passag....

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....in the hands of the person receiving the invoice, if such person is a manufacturer who claims credit of duty shown to be paid in the invoice, for paying his duty liability. There is hardly any comparison among the three situations, namely:- i) Reversal of credit by making debit entries in the credit account without issue of any invoice showing utilization of the debited amount; i....

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....nt case, it stands admitted by all concerned persons that only invoices have bee issued for transfer of credit and no goods have accompanied such invoices. In addition to such inculpatory statements, the investigations undertaken by revenue has conclusively established that the registration number of various vehicles shown in the invoices are vehicles such as private cars, auto rikshaw, etc. which....