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2017 (11) TMI 248 - CESTAT CHENNAICENVAT credit - PVC resins - fake invoices - non-receipt of inputs in the factory - case of the appellant is that the appellant has availed CENVAT credit on the actual inputs received in the factory and that has been entirely accounted by them and also the department has not been able to establish that the appellant has availed credit on inputs which are not been used in the factory basing upon the input-output ratio. Held that: - The Director Shri S. Nainar has deposed and admitted that the appellants have issued two sets of invoices for clandestine clearance of finished goods. Further, he has also admitted that though 54 MTs of PVC resins was shown in the invoices by Sree Mahavir Impex, only 10 MTs was received in the factory and appellant has availed credit on entire 54 MTs of inputs. These facts stand undisputed by the appellant. On such score, the claim of the appellant basing upon certain calculations with regard to input output ratio, adopting ISI norms cannot be considered as cogent evidence so as to hold that the appellants have not availed wrongful credit. Extended period of limitation - Held that: - on the background of admission of issuance of double set of invoices, the suppression of facts, willful mis-statement with intent to evade duty is also established, for which reason I find that the invocation of extended period is also justified. It may be true that the allegation of clandestine clearance cannot be proved with mathematical precision, however, on totality of facts and evidences placed before me, I am of the view that the department has been able to prove the case of wrongful availment of credit as well as clandestine clearance of goods on the basis of balance of probabilities. Appeal dismissed - decided against appellant.
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