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2013 (2) TMI 9 - PUNJAB & HARYANA HIGH COURTCenvat credit availed fraudulently on the strength of 23 invoices issued without the physical receipts on goods mentioned therein - assessee seeking waiver of pre-deposit on duty, interest or penalty - Held that:- Evidence on record indicates the likelihood of the allegations of the duty evasion being upheld and if there is slightest risk to the Revenue, the dispensation from the provisions of Section 35F should not be given. A perusal of order passed by the CIT reveals that each of the arguments, as is sought to be raised before this Court, has been examined in detail by the Commissioner of Income Tax. At the stage of waiver such findings cannot be brushed aside only for the reason that the show cause notice issued to supplier is still pending adjudication. The finding recorded against the appellants is of availing cenvet credit without physical receipt of the goods. Such allegation of fraud does not call for any indulgence at this stage from this court - against assessee.
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