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2009 (9) TMI 362 - AT - Central ExciseCenvat Credit- The appellants, M/s. United Chain Industries and M/s. Kay Iron Works (herein after referred to as manufacturers) are registered as manufacturers of excisable goods. There are demands of duty along with interest besides penalties imposed on both of them. Dealer passing credit without supplying goods. Issuing Cenvatable invoices without supplying goods is a fraud committed on revenue. Statutory obligation “to account for the goods” applicable when input purchased and credit taken. “To account for the goods” not merely mean making entries in registers, took credit, prepared invoice for goods already diverted and received payment for diverted goods. Registration by dealer solely for passing on credit and intent to evade duty proved when invoice issued without supplying goods. Duty paid by manufacturer and goods diverted by dealers liable for confiscation. Documents issued not valid for passing credit. Dealers liable to penalty. personal penalty imposed on proprietor, penalty on broker and commission agent and penalty on directors imposed.
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