TMI Blog2014 (11) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... ti Trade on visual examination basis and after verifying the quantity of the goods supplied. He has also confirmed that when the goods were purchased, they supervised and again checked the quantity. If the appellant had verified the scrap on visual examination basis and also verified the quality and quantity as admitted by Shri Lalit Inderchand Baliya in his statement the appellant should have certainly known that the scrap procured by them from M/s Indian Steel and M/s Jai Ambe Multi Trade was not manufactured scrap but bazaar scrap. The appellant cannot take plea that they did not know the various types of scrap. Therefore, the contention of the appellant that they were not aware the nature of scarp procured by them but blindly believed w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alers were not pertaining to the goods thereby facilitating of availment of CENVAT credit by the buyers on non-duty paid wire scrap. The charge is based on the statement of one Shri Shiv Govind Pandey, Director of the first stage dealer M/s Indian Steel Company and M/s Jai Ambe Multi Trade wherein he had admitted that the scrap supplied by these two firms to the appellant M/s MTC Business Pvt. Ltd. was Bazaar scrap which was non-duty paid scrap. The show-cause notice was adjudicated vide order dated 01.11.2012 and the adjudicating authority came to the conclusion that he appellant deliberately and with mala fide intention supplied invoices enabling the recipient to take benefit of the CENVAT credit without supplying the corresponding goods, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Excise Rules, 2002 is not imposable. Accordingly, he pleads for grant of stay. 4. The ld. Superintendent (AR) appearing for the Revenue reiterates the findings of the lower authorities and submits that imposition of penalty on the appellant is justified and therefore, they should be put to terms. 5. I have carefully considered the submissions made by both sides. 5.1 Shri Shiv Govind Pandey, Director of M/s Indian Steel and M/s Jai Ambe Multi Trade in statement given under Section 14 has clearly admitted to supply of bazaar scrap under the cover of Central Excise invoices to the appellant M/s MTC Business Pvt. Ltd. Shri Lalit Inderchand Baliya, Director has also admitted that they have purchased the scrap from M/s Indian Stee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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