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2019 (6) TMI 899 - AT - Central ExciseCENVAT Credit - fake invoices - It appeared to revenue that M/s Nidhi Auto availed inadmissible Cenvat credit of around ₹ 4.66 crores during the period from April, 2011 to January, 2015 without receipt of inputs on the basis of invoices issued by M/s Ruby Steels - HELD THAT:- In the present case, the author of the diary recovered at the residence of the partner of M/s Ruby Steels was not identified and his statement was not recorded and therefore, the diary recovered was not admissible evidence. Further, it was also alleged that M/s Nidhi Auto was maintaining parallel ledgers whereas we find that M/s Nidhi Auto was maintaining two ledgers which was in the regular course of business and that the goods entered were tallying with the total quantity received by them in both the ledgers put together. Further, revenue could not exhibit any discrepancy of total inputs reflected in two ledgers put together with entries of inputs in RG-23 records. Further, the revenue has not investigated as to if 9112.500 MT of quantity of inputs shown in the books of account of M/s Ruby Steels were not delivered to M/s Nidhi Auto and only invoices were given then where did such huge quantity of inputs gone and to whom and who was the transporter. Further, revenue also did not investigate as to if 9112.500 MT of inputs were not received by M/s Nidhi Auto then from where M/s Nidhi Auto has procured inputs for manufacture of goods which were cleared on payment of duty. Impugned order not sustainable - Appeal allowed - decided in favor of appellant.
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