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2018 (5) TMI 290 - AT - Central ExciseTime limitation - CENVAT credit - 1st stage dealer found to be non-existent - case of the department is that since M/s. Ganapati Udyog (1st stage dealer) was non-existent therefore the goods were not supplied by M/s. SGR Steels Pvt. Ltd. Consequently the said goods were also not supplied to the appellant, accordingly the cenvat credit was denied. Held that: - From the facts, it is cleared that the appellant was absolutely unaware about any fraud or non-existent of M/s. Ganapati, Udyog the 1st stage dealer. Therefore the appellant have made a purchase of inputs which was found to be bonafide transaction - The supplier of the appellant was very much existent and the sale of the goods by the 2nd stage dealer to the appellant was neither disputed on the part of the appellant nor on the part of M/s. SGR Steels Pvt. Ltd. It cannot not be alleged that the appellant was indulged into fraud, collusion, willful misstatement, mis-declaration, suppression of etc. - demand is barred by limitation. The appeal is allowed on limitation without going into the aspect of issue.
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