Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2016 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (8) TMI 754 - RAJASTHAN HIGH COURTCenvat credit - wrongly availed in contravention of Rule 3(4) of the Central Credit Rules, 2004 - assessee is said to have purchased Copper Wire in the invoices, manufacturer is shown as M/s Navneet Yarn Pvt. Ltd. and the description of the goods is shown as Copper Wire which is 99% of purity and admittedly it has been found during investigation that M/s Navneet Yarn Pvt. Ltd. is not at all a manufacturer of Copper Wire rather has been found to be a manufacturer of entirely different product namely; texturing of Polyster Yarn. Held that:- When M/s Navneet Yarn Pvt. Ltd. from whom M/s. V.K. Enterprises purchased the goods and in turn sold to the assessee has been admittedly found to be a manufacturer of Polyster Yarn, an entirely different product and which has been proved on record by the Revenue on the basis of the investigations carried out and confronted the same to the appellant, in our view, all these are finding of fact based on the material on record found by all the three authorities who in unison have come to the conclusion that the Cenvat Credit was wrongly taken. Even if the seller is a registered dealer under Central Excise and an assessee under Sales Tax Laws, Income Tax Laws and other statutory laws and payment is by cheque, in our view, will not make any difference as long as on investigation it revealed that the goods purchased were not proved to the hilt and Revenue has made out a clear cut case of irregular availment of Cenvat Credit. Therefore, we find no infirmity or perversity in the order of the Tribunal so as to call for interference. - Decided against the appellant
|