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2017 (11) TMI 996 - AT - Central ExciseCENVAT credit - fake invoices - non-existent dealers - whether the principles laid down by the Hon’ble Gujarat High Court in Prayag Raj Dying & Printing Mills Pvt. Ltd.'s case is applicable and the demands raised for extended period of limitation is bad in law? - extended period of limitation - Held that: - it was held the case of Prayag Raj Dyeing and Printing Mills Pvt. Ltd. that in the absence of any allegation that the appellants were parties to the fraud, the larger period of limitation cannot be applied, and thus, even if the original document was assumed to be issued by practising fraud, the appellants being holders in due course for valuable consideration without notice, the larger period of limitation cannot be extended. The conclusion has been drawn that the Appellant had failed to establish that these dealers who had issued invoices to them, based on which the Appellant had availed CENVAT credit were not in existence. These facts were well within the knowledge of the Appellant, since they failed to establish their claim existence of these dealers made before this Tribunal in the first round of litigation, for verification of which the matter was remanded. The Appellant could not produce any cogent evidence to rebut the said findings of the ld. Commissioner (Appeals) before this Tribunal but reiterated the same submissions advanced before the ld. Commissioner (Appeals) - appeal dismissed - decided against appellant.
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