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2014 (7) TMI 396 - AT - Central ExciseCENVAT Credit - Fraudulent invoices - Penalty - Held that:- the description of the goods in invoice and actual goods received are tallied and, therefore, the case law Amex Alloys Pvt. Ltd. (2013 (8) TMI 129 - CESTAT CHENNAI) would not apply herein. In view of that, the demand of duty along with interest and penalty on the appellant assessee is not sustainable. Penalty on registered dealer - Held that:- They have admitted that they have issued invoices without accompanying with the goods. These facts were supported by the statement of first stage dealer. Therefore, they are liable to penalty. - Tribunal in the case of Amex Alloys Pvt. Ltd. & Another (2013 (8) TMI 129 - CESTAT CHENNAI) following the decision of the Hon'ble High Court upheld the penalty on the registered dealer. However, penalty reduced ₹ 1,62,500.
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