Taxpayers Win CENVAT Credit Dispute, Revenue Department Fails to Prove Fraud in Credit Utilization Claims

CESTAT adjudicated a dispute involving self-credit and CENVAT credit claims. The tribunal comprehensively examined allegations of erroneous refund and excess credit availment. After meticulous review, the tribunal found insufficient investigative evidence to substantiate revenue's claims of fraudulent credit utilization. The department failed to establish a substantive case of wrongful credit, with no comprehensive stock verification, buyer-end investigation, or conclusive documentation of alleged irregularities. The tribunal emphasized that burden of proof lies with the revenue department. Consequently, the appeals were allowed, quashing demands based on assumptions and inconclusive findings. The tribunal's decision underscored procedural ..... .....

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