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2024 (1) TMI 773 - CESTAT KOLKATACENVAT Credit - issuance of invoices without supply of goods - Penalty - HELD THAT:- The same issue has come up before this Tribunal in the case of M/S UMA IRON & STEEL INDUSTRIES LIMITED, M/S CALCUTTA METAL CORPORATION, M/S JEKAY INTERNATIONAL TRACK PRIVATE LIMITED, M/S DAYAL COMMERCIAL COMPANY. M/S CARNATION INDUSTRIES LIMITED, M/S CARNATION INDUSTRIES LIMITED, M/S INDIAN ALLOYS FABRICATORS, M/S HOBB INTERNATIONAL PRIVATE LIMITED, M/S KISHAN BAJAJ @ KRISHAN CHANDRA BAJAJ, M/S MAA SHAKTI IRON WORKS, M/S RAJPUT ROLLING MILLS, M/S J.P. STEEL UDYOG VERSUS COMMISSIONER OF CGST & EXCISE, HOWRAH [2023 (10) TMI 1108 - CESTAT KOLKATA], has held that the cenvat credit received by the said companies from the same Ganesh Forging Comapany as eligible. In the present case also the Appellant submitted evidence to the effect that they have paid transportation charges to the carrier who carried the said inputs to their factory and also paid service tax on the freight. Accordingly, by following the ratio of this Tribunal, the Cenvat credit availed by the Appellant based on the invoices issued by M/s Ganesh Forging Company cannot be denied. Thus, the impugned order denying the credit is not sustainable. Penalty - HELD THAT:- Since the credit is held to be eligible, the penalty imposed on the Appellants Shri. Shorab Ali, Managing Director and Shri.Nasim Khan, Authorized signatory are also not sustainable. The impugned order set aside - appeal allowed.
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