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2014 (5) TMI 333 - AT - Central ExciseCenvat Credit - fake invoices issued by dealers - demand raised on the ground that no duty stand actually paid by M/s. Sulabh Impex Corpn and the invoices issued by the registered dealer were based upon fake bill of entries. - Held that:- when the buyers purchased the goods from the registered dealers under the cover of proper invoices and their being no dispute about the credentials of the cenvatable invoices issued by the registered dealer, denial of credit to the ultimate buyer of the inputs is not called for. Appellants have also availed the credit on the basis of cenvatable invoices having all the details issue by the registered dealer. The statement of the appellants representative recorded during the course of investigation is exculpatory in nature and they have nowhere accepted the fact of having knowledge about non-payment of duty by M/s. Sulabh Impex Corpn. Transporters billty indicating receipt of inputs stand produced by them. In such a case, the declaration of law of Luxmi Metal Industries [2013 (3) TMI 143 - CESTAT NEW DELHI] is fully applicable to the facts of the present case. - Even on the ground of period of limitation, the case is in favor of assessee - Demand set aside - Decided in favor of assessee.
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