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2010 (5) TMI 165 - HC - Central ExciseFake Modvat / Cenvat Credit issue of blank / fake G.R. - penalty on transporters - the adjudicating authority found that the goods imported had actually not been transported by the respondent-transporters and they had issued fake G.R.s making them liable for penal action under Rule 209-A of the Central Excise Rules, 1944 - The adjudicating authority imposed a penalty of Rs.50,000/- each on the transporters for abetting the fraud. Tribunal waived the penalty on transporters Held that: - A perusal of the aforementioned facts clearly shows that M/s Milap Transport Carriers and M/s Deepak Roadways had helped the dealers to raise bogus/fake modvatable documents under the Central Excise law in order to fraudulently help the buyers to avail modvat credit. They had not transported the goods, but yet, had issued blank books of G.R.s and had thus, abetted in passing of the fake/bogus modvatable documents to various manufacturers resulting into loss of duty amounting to Rs.62.90 lacs to the Government. Penalty on transporters confirmed
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