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2013 (10) TMI 795 - CESTAT NEW DELHIBogus Invoices – CENVAT Credit - Penalty under Rule 15 and 26 of the Cenvat Credit Rules – Waiver of Pre-deposit - Held that:- Prima facie when the appellant claim to have purchased the CR Strips from M/s. Ayushi Steel who claim to have purchased these goods from M/s. Pasondia Steel and on investigation in respect of M/s. Pasondia Steel, it had been found that during the period of dispute, there was no manufacturing activity in their factory and only bogus invoices had been issued to a number of dealer including M/s. Steel - Prima facie the invoices issued by the appellant were bogus invoices - Following V. K. ENTERPRISES Versus COMMISSIONER OF C. EX., PANCHKULA [2009 (9) TMI 362 - CESTAT, NEW DELHI] - even during period prior to 01.03.07 penalty would be imposable on such persons under Rule 25(1)(d), as the person who purports to have sold the goods, cannot say that he was not a person concerned with selling of the goods and merely issued invoices or that he did not contravene any provision relating to evasion of duty - this is not case for total waiver - The appellant are directed to deposit an amount of Rs. 20,000 – upon such submission rest of the duty to be waived till the disposal – Partial stay granted.
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