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2018 (3) TMI 165 - AT - Central ExciseCENVAT credit - bogus invoices - clandestine removal - Held that: - As the truck which was alleged to have carried the goods and the statement of dealers has been contested and found in favor of the appellant, therefore, cenvat credit cannot be denied on the allegation that they have procured only invoices without supplying the goods to avail inadmissible cenvat credit - credit cannot be denied. Clandestine removal - Held that: - loose slips recovered from Shri. Bharat Bhushan was required to be explained by him for what purpose these loose slips have been prepared. It is also noted that these loose slips have not been matching with the statement of buyers but they paid duty on the goods received by them. In that circumstances, there is no one to one co-relation in this case, therefore, the demand of clandestine removal is confirmed - penalty reduced to 25%. Appeal allowed in part.
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