Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (2) TMI 1493 - AT - Central ExciseCENVAT credit - credit availed without receipt of material - appellant claims that the entire case is based on third party documents - Held that: - the case is booked on the basis of statements of the transporter, first stage dealer and auction bidder. None of these statements have been retracted. All these statements contain admission that the transactions between the appellant and GAA were fictitious and paper transactions and no goods were indeed received under these transactions. In any case the data suggests in these the goods were sold by GAA to the appellant at much below the purchase price. No dealer can do the same on a regular basis i.e. to buy goods at a higher price and sell it cheaper. The appellant has claimed that in respect of goods directly purchased from IIL and UGSL, there is no evidence. It is apparent that the goods directly purchased by the appellant from IIL and UGSL also moved to Gujarat instead of the appellant’s premises. In these circumstances, there is a clear evidence that the goods shown to be purchased by the appellant have indeed not reached the appellant’s premises and the appellant was a part of the conspiracy to buy invoices in order to avail illegal cenvat credit. Confiscation - Redemption Fine - Held that: - it is clear that no goods were seized and thus the question of confiscation does not arise - redemption fine also not justified. Appeal allowed in part.
|