Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 500 - CESTAT NEW DELHIPenalty under Rule 25 of the Central Excise Rules, 2002 fist stage dealer / second stage dealer - Receipt of invoices without the receipt of goods Cenvat Credit wrongly passed on Held that:- Appellants are second stage dealers who received the invoices from the first stage dealer - Appellants categorically admitted that they have not received the goods manufactured by manufacturer - Name of the manufacturer required to be mentioned on the invoices - Since appellants have not received the goods from manufacturers, it was their duty not to pass on the credit to the subsequent buyers or the manufacturers As per the decision in the case of VK Enterprises [2011 (7) TMI 970- CESTAT, DELHI], the penalty equal to the duty amount is imposable in cases invoices are issued without receipt of goods Decided against the Assessee.
|