TMI Blog2012 (1) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in textile business and also doing cheques discounting. The case of Revenue is that M/s. Maruti Enterprises, Surat whose proprietor was Shri K.K. Gupta had taken Cenvat credit amounting to ₹ 1,38,56,462/- during the period from February, 2004 to June, 2004 and had shown utilization of an amount of ₹ 1,19,95,747/- towards payment of Central Excise duty. The Revenue alleged that the transactions of purchase and sales shown by the unit where paper transactions and the unit had illegally availed Cenvat credit. On adjudication, the original adjudicating authority disallowed the Cenvat credit availed by them and ordered recovery from M/s. Maruti Enterprises and its proprietor Shri Krishanakumar Kachurulal Gupta. An equivalent amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he person. In the show cause notice the name mentioned is Shri Kishan Kachurulal Gupta whereas the noticee himself claims that his name is Shri Krishanakumar Kachurulal Gupta . We find that the name of the father mentioned along with his name in the show cause notice is the one and the same. Most importantly Shri Sunil Kumar Satynarayana Sharma, authorized signatory of M/s. Maruti Enterprises in his statement dated 9-8-2004 has categorically admitted that Shri K.K. Gupta is the owner of M/s. Maruti Enterprises and his address is House No. 111, Champaklal Industrial Estate, Sayan, Mumbai. He also stated that he has been introduced to Shri K.K. Gupta through Shri Shyam Sundar Sharma and Shri Ajay Mittal in their statements dated 9-8-2004 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore have no hesitation in rejecting the contention of the appellant on this point. It is clearly established therefore that Shri Kishan Kachurulal Gupta and Shri Krishanakumar Kachurulal Gupta are the same person and also is the proprietor of M/s. Maruti Enterprises. Any denial of such a fact is only a traditional ally of aggrieved. 6. Now coming to the question of paper transactions and invoices issued by non-existent firms without the movement of the goods, it has been clearly established by Revenue during investigation that the firms/persons are non-existent at the declared premises and the processing house had taken Cenvat credit on the basis of invoices issued by non-existent firms. The entries regarding receipt and procurement of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tri. - Mumbai) wherein analogy of illegitimate credit was drawn with stolen property to hold that a genuine purchaser of stolen property cannot claim ownership even if he purchased the same without the knowledge of same being a stolen one. The said order of the Tribunal was upheld by the Hon ble High Court of Gujarat, vide order dated 23-7-2008 (Tax Appeal No. 197/2008) [2008 (232) E.L.T. 408 (Guj.)]. 8. On the basis of discussions and findings above, along with the legal pronouncements we do not have a scintilla of doubt that the appellant had fraudulently availed Cenvat credit amounting to ₹ 1,38,56,462/- and utilized an amount of ₹ 1,19,95,747/- and the balance amount requires to be disallowed. Shri Krishanakumar Kachurula ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
