TMI Blog2014 (6) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... hold the demand to be barred by limitation - Decided in favour of assessee. - Appeal No. 1068 of 2011-EX [SM] - ORDER NO. FO/ 52246 /2014- (SM) - Dated:- 15-5-2014 - Ms. Archana Wadhwa, J. For the Appellant : Shri Naveen Mullick, Advocate For the Respondent: Shri M S Negi, DR JUDGEMENT Per Archana Wadhwa: The appellants are engaged in the manufacture of Brass Sheets/Brass Strips/Circles Copper Sheets/Strips etc. They availed the credit of Rs. 3,02,310/- in respect of copper ingots received from registered dealer M/s. SLE Enterprises. The said credit was availed in the month of June 2004 on the basis of cenvatable invoices issued by said dealer. The dealer in turn had availed the credit on the basis of two inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for in their RG-23 A register; that payment of the said material was made by them by way of account payee cheque; that they have duly accounted receipt of raw material, which have been used in the manufacture of final product which stand cleared on payment of duty; that payment of the goods in question as also the duty on their final product stands reflected in their financial accounts. 5. Based upon the above, the proceedings were initiated against the appellant for denial of credit as also for imposition of penalty. The same resulted in confirmation of demand along with imposition of identical amount of penalty under Section 11AC of the Act. On appeal against the above, Commissioner (Appeals) upheld the order. 6. Though the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st and proper. 7. As is seen from above, the appellate authority has mainly relied upon the evidence which is against M/s. Annapurna Impex without discussing the detailed submissions made by the appellant. There is no dispute about the fact that registered dealer M/s. Shree Lakshmi Enterprises had issued the cenvatable invoices to the appellant on the basis of which, they had availed the credit. The payment of the invoice was also made by cheque and the genuineness of the same has not been disputed. There is virtually no evidence indicating any allegation that the appellants have not received the inputs in question. Whether M/s. Annapurna Impex. has actually paid the duty or has availed wrong credit, is a question to be decided in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Tribunals decision in the case of Luxmi Metal Industries vs. CCE, Delhi II [2013 (287) ELT 487 (Tri-Del)] as also in the case of Commissioner of Cus Central Excise, Kanpur vs. R H L Profiles Pvt. Ltd. [2013 (292) ELT 313 (Tri-Del)] has held that that denial of Cenvat credit availed on the basis of proper officer issued by the registered dealer is not justified inasmuch as buyer cannot be expected to go beyond so as to verify and to find out as to whether the registered dealer has purchased the said invoices legally or not. The Tribunals decision in the case of Shakti Roll Cold Strips Pvt. Ltd. stand confirmed by Punjab and Haryana High Court in the decision reported as [2008 (229) ELT 661 (P H) ] and further buy the Hon ble Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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