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2017 (1) TMI 219 - CESTAT HYDERABADCENVAT credit - fraudulent availment of Cenvat credit on invoices obtained from a registered dealer, without actual receipt of goods - case entirely based on recordings of a third party, Sh. Prabhakar who was an employee of dealer, M/s Karnataka Metal Corporation - whether demand justified based on such evidences? - Held that: - The said Prabhakar has not been made a party to the proceedings. Apart from such third party evidences there is nothing on record to establish that the appellant has indulged in the activities of availing fraudulent credit - The Tribunal in the case of M/s Adhikasri Electromech Ltd., & Others Vs CCE, ST, Hyderabad-I [2016 (6) TMI 912 - CESTAT HYDERABAD] had analysed the very same pattern of evidence, and set aside the demand, interest and penalties - demand set aside - appeal allowed - decided in favor of assessee.
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