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2014 (2) TMI 443 - CESTAT NEW DELHIBogus transactions - appellant is a dealer of excisable goods - Penalty in terms of provisions of Rule 13 of Cenvat Credit Rules, 2002, and Rule 15 of Central Excise Rules, 2002 read with section 11AC of the Central Excise Act, 1944 - Held that:- the entire case of the Revenue is based upon statement of Shri Sachin Aggarvanshi, proprietor of M/s. Sidh Balak Enterprises. - Reliance by the Revenue on the statement of Shri Sachin Aggarvanshi cannot be appreciated inasmuch as the said statement was in connection with the goods traded through M/s. Ved Trading Company. Shri Sachin Aggarvanshi in his statement has nowhere mentioned that the goods received by him from other manufacturer were also bogus and were not actually received by him. Revenue has also not bothered to conduct further inquiries either from the appellant or from the transporters or the actual manufacturer of the goods or from the recipient of the goods. In the absence of any such investigation, reliance on the sole statement of Shri Sachin Aggarvanshi which in any case does not apply to the goods dealt with by the present appellant, cannot be appreciated. I fail to understand as to why no statement of appellant was recorded or no inquiries were conducted by the actual manufacturer i.e. M/s. Patiala Strips Pvt. Ltd.. Further, no statement of representative of M/s. Ved Trading Company was recorded so as to arrive at the correct factual position. In the absence of any such inquiries and in view of the fact that statement of Shri Sachin Aggarvanshi is not applicable - Decided in favour of assessee.
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