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2022 (1) TMI 709 - AT - Central ExciseCENVAT Credit - inputs - ingots - allegation of fake sales and transfer of inadmissible CENVAT credit, without actual transfer or delivery of goods - penalty - HELD THAT:- In the case of similarly situated co-appellant (arising from the common impugned order), the coordinate Bench of this Tribunal in the case of M/S ARYA ALLOYS PRIVATE LIMITED, ROMY BANSAL, DIRECTOR, RAJ KUMAR BANSAL, DIRECTOR (FORMER) , AMIT GUPTA VERSUS COMMISSIONER, CENTRAL GOODS & SERVICE TAX, CUSTOMS & CENTRAL EXCISE, ALWAR [2020 (3) TMI 148 - CESTAT NEW DELHI] where it was held that 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. Penalty also cannot be levied. Appeal allowed - decided in favor of appellant.
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