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2016 (6) TMI 912 - AT - Central ExciseCenvat Credit - fraudulent availment of Cenvat credit on invoices obtained from a registered dealer, without actual receipt of goods - assumptions / presumptions - Held that:- This Tribunal in the final Order dated 20-01-2016, in the case of M/s Sri Lakshmi Industries Ltd [2016 (6) TMI 823 - CESTAT HYDERABAD] and another has analyzed the very same evidence and has set aside the demand raised on the allegation of fraudulent availment of credit on invoices issued by KMC. After examining the evidences presented by this case, I do not find any ground to take a different view. The whole case is founded on statements and private records of third party, Shri Prabhakar. The allegation of duty evasion cannot be made basing upon private records and statement of a third party unless cross examination of such person is allowed. It is settled law that confessional statements have to be supported by independent evidence to establish the charge of clandestine manufacturer and evasion of duty. - Demand set aside - Decided in favor of assessee.
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