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2015 (12) TMI 1052 - AT - Central ExciseDenial of CENVAT Credit - whether there is sufficient evidence against the appellant to establish the charge of aiding and abetting M/s. Real Terminal Engineering Works (India) Pvt. Ltd. to avail and utilize inadmissible cenvat credit - Held that:- Though the appellant states that Shri Jaswantlal Shah has helped M/s. Real Terminal Engineering Works (India) Pvt. Ltd. in availing inadmissible cenvat credit, but he has done so in his individual capacity and has nothing to do with the appellant. This submission is devoid of merit keeping in view the evidence on record. Both the authorities below have held that Shri Jaswantlal Shah has played key role in helping M/s. Real Terminal Engineering Works (India) Pvt. Ltd. to avail inadmissible cenvat credit in contravention of the Cenvat Credit Rules, 2002. It is pertinent to note that the appellant is a proprietorship concern and it is unlikely that the activities of Shri Jaswantlal Shah is not in the knowledge of the appellant. Therefore, keeping in view all the facts and circumstances and the evidence on record, I do not find any infirmity in the impugned order. However, I feel that the imposition of penalty of ₹ 1,25,000/- is on a higher side and, therefore, I reduce it to ₹ 50,000 - Decided partly in favour of appellant.
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