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2018 (6) TMI 565 - AT - Central ExciseCENVAT credit - duty paying invoices - Rule 9 (1) (b) of CCR, 2004 - approach to Settlement Commission - Undervaluation of imported goods - Held that: - The imports were made by the appellant from their related person located in Korea and admittedly, the value of the goods was not reflected in the invoices. It was only packing and logistics cost, which was raised in the invoices placed before the Customs for the purpose of assessment and calculation of customs duty. These facts stand admitted by the assessee in their own letter referred in the SCN - the said modus operandi was adopted by the appellant with the malafide intention to evade payment of customs duty in respect of the value of the second hand capital goods. If that be so, their subsequent approaching the Settlement Commission is sprinkled with suppression, mis-statement, fraud and collusion etc. The provision of Rule 9 (1) (b) of Cenvat Credit Rules debar taking of Cenvat credit of duty paid by supplementary invoices - credit not allowed - appeal dismissed - decided against appellant.
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