Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2010 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (2) TMI 242 - HC - Central ExciseStrictures against CESTAT- Findings in Tribunal’s order perverse and speculative. Bare perusal of records indicating that admission and evidences just ignored with impunity by Tribunal. Tribunal reversed order of commissioner without any basis particularly when fault of assessees noticed. Tribunal fell in grave error and did not deal with reasons recorded by Commissioner. Finding of Tribunal not only devoid of merit and misdirected but perverse and speculative as well. Tribunal did not decide real controversy between parties. Order not sustainable. Cenvat Modvat- credit alleged as availed without receipt of inputs based on false invoices issued by importer dealer. Credit held as admissible by Tribunal. Findings in impugned order perverse, speculative and without any basis or evidence. Tribunal notices fault of assessees that invoices are incorrect for availing credit but fell in legal fault of assessees that invoices are incorrect for availing credit but fell in legal error by observing that receipt in factory not in dispute even if goods assumed as not dispatched from supplier. Tribunal committed grave error by holding respondent not to be penalized for fault of others. Cenvat/Modvat credit can be claimed based on invoices of inputs actually received in factory premises and not otherwise. Tribunal order set aside. Matter remanded for fresh decision. Rule 57-I of erstwhile Cenavt Excise Rule, 1944.
|