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2015 (10) TMI 2449 - CESTAT AHMEDABADFraudulent Availment of CENVAT Credit - Bogus invoices - Held that:- Appellant M/s. Mansi Industries is also party in the case of M/s. Akik Dyechem & Others (2013 (9) TMI 415 - CESTAT AHMEDABAD). The present proceeding is related with investigation in the case of M/s. Akik Dyechem & Others (supra). In that case, the investigation taken up by the Revenue revealed that the premises registered for manufacture of Aluminium Ingots did not have any electricity connection, only one manually operated furnace which was also being operated by a different person during the period from 1997 onwards. The Tribunal upheld the adjudication order. In the present case, we find that the proprietor of M/s. Itisha Alu-Chem Industries had admitted that they have issued invoices to the appellant to facilitate for availment of CENVAT credit. It is clearly evident that the invoices were fake and therefore, the appellant is not eligible to avail credit on the fake invoices. - appellant is given option to pay penalty 25% of the duty alongwith entire amount of duty and interest within 30 days from the date of communication of the order - Decided partly in favour of assessee.
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