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2015 (10) TMI 1324 - AT - Central ExciseDenial of CENVAT Credit - Bogus invoices - Issue of invoices without actual supply of goods - Held that:- Cenvat credit sought to be denied on the premise that M/s. Sidh Balak Enterprises has made a statement that they are issuing invoices and not supplying the goods. Therefore, it is a paper transaction. In this case statement of appellant has been recorded wherein he has admitted that they have received the goods against the invoices issued by M/s. Sidh Balak Enterprises. To contravene to said statement, Revenue was required to find out whether the manufacturer supplier has supplied the said goods or not. Moreover, no investigation was conducted at the end of transporter to ascertain the fact that transporter has transported the goods from manufacturer supplier to deliver the goods to the appellant before me. The show cause notice was not required to be issued on the presumptions and assumptions. There should be corroborative evidence to prove the allegation, as there is no corroborative evidence to prove the allegation against the appellant, therefore, demand confirmed in the impugned order are not sustainable and it cannot be alleged that there was merely a paper transaction on which the appellant has taken the Cenvat credit. In these circumstances, I set aside the impugned order - Decided in favour of assessee.
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