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2015 (4) TMI 384 - HC - Central ExciseDenia of CENVAT Credit - Bogus invoices - Non verification of records - Held that:- Since appellant had made the payment of invoice price by cheque and thereafter it had manufactured finished goods and paid duty thereof, as evident from production dely shown in RG-1 Register as also the demand of duty on goods by taking into account the evidence if any to be produced by the appellant in respect there to and in case the appellant succeeds in proving that the payment of price of goods received against invoice had been paid by cheque and that there was no link or corelation even from the details of the bank account of M/s Shivalik International and M/s Neelkanth relied upon in the notice to suggest that there was a flow back of funds from Sh. R.K. Gupta to the appellant or from any other material and further taking into account the record produced / to be produced by the appellant in support of its plea that it had manufactured goods and shown the manufacture of the finished goods as well as the payment of duty on the said finished goods out of the goods purchased against the invoices and shown the same in the RG-1 Register etc - Matter remanded back to CESTAT to consider these aspects - Decided in favour of assessee.
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