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2017 (5) TMI 643 - AT - Central ExciseCENVAT credit availed fraudulently on the basis of bills of entry - it was alleged on the basis of statements that Bills of Entry were diverted to purchasers who did not avail CENVAT facility. These bills of Entry were given to appellant and others to facilitate the availment of credit without receipt of goods - Held that: - the appellants have produced the lorry receipt and weighment slips to show receipt of goods in the factory besides entries in RG-23 register to show that such goods have been received in the factory - Apart from, such statements which have been retracted or contradicted there is no iot of evidence to establish that the appellants indulged in fraudulent availment of CENVAT credit - reliance was placed in the case of M/s Akshay LPG Valves, V.K. Janaki Ram, M/s Jagadamba Engineering (P) Ltd., V.K. Janaki Ram Versus The Commissioner C & C.E, Hyderabad [2016 (6) TMI 762 - CESTAT HYDERABAD] - appeal allowed - decided in favor of appellant.
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