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2013 (9) TMI 617 - CESTAT AHMEDABADAvailment of Modvat Credit - Credit was availed on the invoices of grey fabrics purportedly endorsed and supplied by M/s. Deep Textiles - M/s. Deep Textiles is found to be fake and ficticious and obtained rebate of more than one crores based on fraudulent export documents - Appellant establish genuineness of transaction starting with receipt of grey fabrics – Held that:- The amount of Rs. 4,61,250/- is the duty on invoices of processed fabrics corresponding to the grey fabrics The appellant has claimed that Rs. 52,777/- was paid through P.L.A. Thus the credit amount on impugned grey fabrics is Rs. 4,08,473/- - Relying upon the case of Shree Shiv Vijay Processors Pvt. Ltd. [2010 (11) TMI 280 - CESTAT, AHMEDABAD], it is held that apart from using the said Modvat credit for payment of duty, the appellants have also paid an amount from the P.L.A. account. According to the appellant no prudent man will pay duty to the government without actually receiving the grey fabrics - This fact tilts the weight of the evidence in favour of the appellant – Decided in favor of Assessee.
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