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2017 (3) TMI 592 - AT - Central ExciseCENVAT credit - fake invoices - non-existent and fictitious firm - interest on demand - shortage of inputs - Held that: - in the case of shortage of inputs when no firm date of removal is established by the department the demand of interest cannot be sustained. In the case on handy the appellants reverse the credit and the same has been already appropriated - the demand of interest on ₹ 8,71,399/- requires to be set aside. Fake invoices - Held that: - Though it is argued by the Ld. Counsel that they have received the goods and that department has not conducted any investigation at the end of the lorry driver/owner who transported the goods to the appellant, consider that in the case of fraudulent availment of credit, the preponderance of probabilities would be sufficient. On appreciation of the documents placed, it can safely concluded that the two invoices Nos. 59 & 60 dated 15.12.2008 are fake invoices and that appellant availed the credit without actual receipt of goods - demand of ₹ 3,70,800/- and interest upheld. Imposition of penalty - Held that: - the penalty imposed by the Commissioner (Appeals) requires to be set aside in its entirety as it is not in order with the proposal in the SCN - penalty set aside. Appeal disposed off - decided partly in favor of appellant.
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