Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 942 - AT - Central ExcisePenalty - Clandestine Removal - SS Ingots - goods were carried without any invoice/bill of the same except a weighment slip - case of appellant is that they deposited duty immediately on the day of seizure before issuance of show cause notice, hence equivalent penalty not called for - CENVAT Credit - credit was availed on Nickel Cathodes, which was not found in the factory. Held that:- The arguments advanced by the Ld. Consultant do not carry much force, especially, when there is no proof of receipt of goods at any time. The plea that substantial benefit should not be denied for procedural lapse is clearly not tenable as there is fraudulent availment of Cenvat credit without supply of goods and it is not merely a procedural lapse. In the present case, the Revenue has been able to establish by way of contrary statements of the Director and Sh. Vijay Kumar, accountant of M/s Aseem Global Ltd that the Cenvat credit has been irregularly taken. Besides, the appellant has been changing their versions but still failed to account for shortage of inputs - Revenue has done the verification from M/s Aseem Global Ltd., which established that the appellants were giving contrary statement. There is no infirmity in the order of the Commissioner (Appeals) and the same is sustained - appeal dismissed - decided against appellant.
|