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2020 (3) TMI 148 - AT - Central ExciseCENVAT credit - fake invoices - supply of invoices only without supply of goods - it stands alleged by the Revenue that he was handling day-to-day affairs of M/s Unnati Alloys from whom the inputs were being received by M/s Arya Alloys - case of appellant is that there is no manufacture taking place, and no inputs received hence credit cannot be disallowed - HELD THAT:- On being questioned, learned Authroised Representative has not been able to bring out any other evidence on record except the statement of Shri Amit Gupta and the transporters and the allegations of receiving back of cash as against the payments made through banking channels - It is also a fact that the appellant was reflecting the receipt of the inputs in their statutory records. Further, the Revenue has not alleged that the inputs required for making the final product were procured by the appellant from any other source. In the absence of the inputs, it is not possible to manufacture final product, which the appellant have shown to have manufactured and cleared on payment of duty. There are no justifiable reasons to deny the Cenvat credit or to impose penalties upon the appellants - appeal allowed - decided in favor of appellant.
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