Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (2) TMI 982 - AT - Central ExciseCENVAT credit - imposition of penalty u/r 26(2) - whether the imposition of penalty for availment of Cenvat credit on the strength of Cenvatable invoices issued by the manufacturer supplier, justified? - Held that: - I find that initially investigation was conducted at the end of the dealer M/s. GGI Steel & Strips Pvt. Ltd. who have not named the appellant is involved in fake transaction. Further, no investigation was conducted at the end of the appellant to ascertain the fact that the appellant has only issued the invoices, not supplied the goods. No statement of transporters was recorded to ascertain the truth. In that circumstance, I hold that the penalty under Rule 26(2) of Central Excise Rules, 2002 is not imposable on the appellant. Consequently, the impugned order is qua imposing penalty on the appellant is set aside - the appeal is allowed.
|