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2013 (8) TMI 205 - CESTAT NEW DELHICenvat credit - Authority held that assessee availed cenvat credit on the basis of fake invoices - Held that:- provisions of section 11AC are invokable as the party fraudulently issued the invoices without accompanying the goods and have availed the cenvat credit with sole intention to defraud the Revenue - Unbeleivable that huge quantity of winding wire of copper has been shown to be transported through passenger vehicle Tata Sumo in single day from Delhi to Jaipur - these activities had been fraudulently undertaken by the appellant - Decided against Assessee. Imposition of penalty - Held that:- on the basis of finding on clandestine removal that the invoices have been issued and no goods have been supplied to the appellant, it has ingredients of fraud, mis-statement, intention to defraud the Revenue - it is fit case to impose equivalent penalty under section 11AC - Thus there is no case of any reduction of penalty - Decided against Assessee.
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