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2015 (4) TMI 649 - CESTAT NEW DELHIDemand of duty - Issue of bogus invoices - Denial of CENVAT Credit - Held that:- In the case of Juhi Alloys Ltd. (2014 (1) TMI 1475 - ALLAHABAD HIGH COURT), the Hon'ble Apex Court has held that when the invoices have been issued by registered dealer, invoices of manufacturer issued in the name of Registered dealer found fake, and manufacturer of the inputs is not in existence. It was held by Hon'ble High Court that it would be impractical to require the assessee to go behind the records maintained by the first stage dealer. The assessee has duly acted with all reasonable diligence in its dealing with the first stage dealer within the meaning of Rule 9(3) of Cenvat Credit Rules, 2004. Admittedly in this case the allegation has been made against the appellant on the basis of statement given by the manufacturer, dealer / supplier of the goods, but no investigation has been conducted at the end of the appellant. Moreover, there is no discrepancy in the invoices issued to the appellant and all the payments were made through account payee cheque. In these circumstances, I hold that Revenue has failed to prove their case with supporting evidence. In these circumstances, impugned order is set aside. - Decided in favour of assessee.
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