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2013 (10) TMI 167 - AT - Central ExciseCenvat Credit on M.S. scrap - stay - credit denied on the ground that they had availed credit on the basis of dealer’s invoices, with description of goods as M.S. scrap. On investigation, it was found that dealers purchase invoice shown M.S. coils/wires and they issued cenvat invoice of M.S. scrap to the applicant, which was purchased from open market without any duty paying document. - Held that:- It appears that M.S. scrap received by the applicant is bazaar scrap and no duty was paid. The dealer produced the purchase invoice of M.S. coils/wires. They could not produce purchase invoice of M.S. scrap supplied to the applicant. The statements of the dealer were corroborated with the manufacturer. It appears from the statements of applicant No.2 and the employees of Applicant No.1 that they had knowledge of such irregularity. - prima facie case is against the assessee - stay granted partly.
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