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2014 (3) TMI 204 - AT - Central ExciseAvailment of CENVAT Credit - Waiver of pre deposit - Duty demand - Held that:- Appellant No.1 availed Cenvat credit on the basis of dealers invoices under the description of HR Sheets and Coils, CR Sheets and Coils, MS Wire/Coils, Plates etc., issued by the Appellant No.4 & 5. Appellant No.1 had not received the said goods. On investigation, it was found that the dealers supplied the MS Scraps instead of the goods as described in the dealers invoices. Thus, the Appellant No.1 is not eligible to avail credit on the basis of the said invoices - dealers in their statement accepted that they have supplied MS Scrap and raised invoices on MS Coils, Rounds etc., to Appellant No.1, the manufacturer for claiming the benefit of Cenvat credit in violation of the Cenvat Credit Rules. It is also noted that the manufacture knowing fully well that they have not received the goods as per description of the invoices they have availed the credit, which is totally irregular. Hence, the demand of duty along with penalties on the manufacture and the dealers are justified - demand of duty, penalty along with interest on Appellant No.1 is upheld - Decided against assessee.
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