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2015 (10) TMI 2194 - AT - Central ExciseDenial of CENVAT credit - Bogus invoices - Issue of invoices without actual supply of goods - Held that:- The main party M/s Deepak Processors has not filed any appeal against the said OIO. It is observed that M/s. Deepak Proceessors availed CENVAT credit without receipt of goods. Subsequently, rebate claims of ₹ 24,21,201/- filed by M/s Deepak Processors were also rejected by the Adjudicating Authority under Section 11 B of the Central Excise Act, 1944. It is also not correct that penalty against the appellant is solely based upon his statement because Shri Awadh Narayan Singh proprietor of M/s Deepak Processors in his statement Dated 29.04.2008 has also admitted that CENVAT credit was availed on fraudulent documents without receipt of goods. Adjudicating Authority after going through all the relying upon documents and statements have come to the conclusion that M/s Sai Textiles, Surat has issued invoices without physically transacting in goods and passed on only CENVAT credit to M/s Deepak Processors. - Decided against assessee.
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