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2016 (2) TMI 785 - AT - Central ExciseDenial of cenvat credit - denial based on the investigations conducted at seller’s site - Held that:- In the absence of clear evidence to the effect that the appellant is one of the persons listed and as confirmed in the statement, the main basis of the case stands un-substantiated. Regarding the investigation conducted by the Department with certain transporters, it is seen that the appellants have submitted invoice-wise receipts along with transport’s details to substantiate their claim of actual receipt of goods. These are not examined and categorically refuted with contra evidence by the Revenue. We find that the main basis and the starting point of investigation is the statement dated 26.05.2006 of Shri Naresh Gularia, Director of KPIL. As already noted, he was shown a list of buyers to whom he was to have sold the PVC compounds. The said list was not made available to the appellant to ascertain whether his name is figuring as one of the buyers. This was not examined for a definitive finding by the lower authorities. No verification has been made in the appellants premises regarding the due accounting or receipt of goods. In the face of these serious lacunae, we find that the denial of credit, as upheld in the impugned order, is not sustainable. Accordingly, we allow the appeal.
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