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2018 (12) TMI 79 - AT - Central ExciseCENVAT Credit - duty paying invoices - it has been alleged that that the manufacturer-buyers had availed inadmissible Cenvat credit on the basis of invoices issued by the dealers who got invoices from M/s. Triveni Castings Pvt.Ltd. without physical movement of steel ingots - Held that:- Without contrary evidence placed by the Revenue, credit cannot be denied to the manufacturer-buyers. Moreover, during the course of investigation, no inclupatory statements of the appellants have been recorded by the Revenue. Moreover, M/s. Triveni Castings Pvt. Ltd. has stated that they have manufactured steel ingots and the supplied the same to the manufacturer-buyers through the dealers. Without proper investigation, it cannot be alleged that the appellants have not received duty paid steel ingots manufactured by M/s. Triveni Castings Pvt. Ltd. - the appellants i.e. Manufacturer-buyers have correctly availed Cenvat credit on steel ingots manufactured by M/s. Triveni Castings Pvt.Ltd. Penalty - Held that:- As the manufacturer-buyer has received the goods through proper channel, no penalty can be imposed on the dealers as well as manufacturer-buyers. Appeal allowed - decided in favor of appellant.
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