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2018 (6) TMI 40 - AT - Central ExciseDenial of CENVAT credit - fake invoices without receipt of raw material - diversion of raw material - demand of amount alongwith interest and penalty - Held that:- Revenue has come to a finding of non receipt of raw material on the ground that the said two traders who have supplied the raw material to the appellant, under the cover of their invoices, never purchased the rounds of standard specifications from RINL, which was the requirement of the contract. Even if the above allegation of the Revenue are accepted, this will lead to one factor that the appellant did not use the standard specifications material, as specified in the contract. The said fact will not lead to inevitable conclusion that no raw material was ever received by the assessee. The Revenue has not produced any evidence that if the raw material was not received by the present appellant, where was the same diverted - The Revenue has neither alleged nor produced any evidence to show any alternate source of procurement of said raw material. CENVAT credit allowed - appeal allowed - decided in favor of appellant.
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