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2018 (7) TMI 673 - CESTAT KOLKATACENVAT Credit - The entire case against the appellant is made out on the basis of statement of Shri Satya Narayan Dey and his exercise book - penalty u/r 26 - Held that:- . Further records and documents as placed by the appellant no. 1 in support of the contention that the impugned goods were received by them and used in the manufacture of final product cannot be brushed aside merely on the basis of the statement of appellant no 3 and its exercise book. In any event, the weight of the consignments as mentioned in the invoices of the appellant cannot be construed that the said material are related to the consignment of the CONCOR. The Investigating officer failed to recover any material from the appellant no. 1 and 2 in respect of non-receipt of inputs. It is significant to note that the appellant no. 3 stated that his trading business is related to the various persons but the appellant no. 3 could not produce any evidence in respect of alleged involvement of the appellant no. 1 & 2. It is noted that there is no document corroborating the consignment of Pig Iron having fixed weight of 27.5 M.T./28 M.T. loading in the container of Concord is related to the appellant's consignment. On perusal of the statement of the appellant no. 3 it is apparent on the face of record that the appellant no. 3 was engaged in a trading business on the basis of the documents of Cenvat Invoice to take any ineligible benefits to the manufacturer - penalty upheld - However, the quantum of penalty is excessive which is required to be reduced. The appeals filed by the appellant no. 1 and 2 are allowed - Appeal of appellant no. 3 allowed in part.
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