Home Case Index All Cases Customs Customs + AT Customs - 2010 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (1) TMI 441 - AT - CustomsCenvat credit - The dispute relates to credit taken on the basis of invoices issued by one M/s. Swastik Industries. The original authority disallowed the credit taken on the basis of invoices issued by M/s. Swastik Industries on the finding that the said party has only given invoices without actually supplying the goods and confirmed demand of duty along with interest and imposed penalties. Commissioner (Appeals), on appeal by the party set aside the demand and penalty and held that the entire demand was time barred. Held that - the finding of the Commissioner that extended period of five years for demanding Cenvat credit cannot be invoked is erroneous as M/s. Swastik Industries has not supplied the material, and therefore, the question of recipient receiving the material does not arise and fraud is writ large on the face of the transaction. The appeal by the Department is allowed by setting aside the order of the Commissioner (Appeals) and by restoring the order of the original authority.
|