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2013 (9) TMI 501 - CESTAT NEW DELHIIssuance of cenvatable invoices to the appellant a second stage dealer without supplying any goods – There was merely paper transactions - Persons who were said to be supplier of the goods themselves admitted that they had not supplied any goods to the first stage dealer as aforesaid for delivery thereof to the appellant second stage dealer – Held that:- Oral statement recorded as stated aforesaid in the course of judicial proceedings u/s 14 of the Act being a valuable piece of evidence that remained un-refuted - Appellant failed to demolish or disturb any of the imputations without leading any cogent evidence to contradict allegations of Revenue - Appellant’s plea that its name did not find place in statements recorded as aforesaid is of no significance when the supplier of goods denied supply of goods to it - The appellant was beneficiary of the fraud perpetuated against Revenue and fraud vitiating solemn act brings the appellant to penal consequence of law – Decided against the Assessee.
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