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2009 (10) TMI 316 - CESTAT, KOLKATACenvat Credit- As regards denial of credit of Rs. 3,91,342/-, the same relates to inputs received from M/s. Clutch Auto Ltd., Faridabad which has been disallowed on the ground that certain investigation are in progress against the said supplier. However, the Commissioner has directed the Jurisdictional Assistant Commissioner to ascertain the genuineness of the documents and duty paid nature and restore the credit if found in order. Denial of credit pending verification is not appropriate. The demand in this regard is not sustainable. However, as per direction of the Commissioner, the jurisdictional Assistant Commissioner/Dy. Commissioner is free to cause verification about genuineness of the documents and take appropriate action for recovery of the credit as per law if found wrongly availed. As regards denial of credit amounting to Rs. 19,597/-, the same has been denied on the ground that name of the input has not been given in the invoice. Held that- this involves only interpretational difference and does not involve any intention to evade payment of duty. We have allowed substantial part of credit denied. Therefore the penalty of Rs. 5.00 Lakhs imposed under Rule 173Q is not justified and accordingly the same is set aside.
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