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2020 (3) TMI 310 - AT - Central ExciseImposition of penalty u/r 26 of CER - cenvat credit availed on inputs without physically receiving the goods - penalty has been imposed on the basis of third party evidence i.e. the statement of transporter and none of the transporter was called for examination in chief and no cross examination was granted to the appellant. Penalty imposed on Neeraj Thakur - HELD THAT:- The penalty has been imposed being Director of M/s VKM Electricals Limited. It is a fact on record that the appellant was mere Director of that company but was not looking after the business affairs of that company. It has been revealed from the facts of the case as Shri V. K. Madan in his statement admitted that he was looking after affairs of the company - Admittedly, no efforts has been made by the Revenue to find out the role of the appellant for availing fraudulent cenvat credit by M/s UEL - the penalty on Neeraj Thakur is not imposable. Penalties imposed on Lalit Thakuria, Ajay Goel and Anant Bomb - HELD THAT:- The appellants are C&F agents to clear the goods to UEL of different suppliers. It has been alleged that goods have not delivered to UEL on the basis of the statement of the transporters recorded during the course of investigation. No physical verification was conducted at the premises of the appellants. Moreover, the statement of the transporters have been relied upon who have never called for examination in chief. Therefore, penalties have been imposed on the appellants on the basis of the statement of the transporter and records recovered from the premises of UEL are not sustainable - penalties set aside. Further, no other corroborative evidence has been brought on record that the appellant have not supplied the goods to UEL. The impugned order qua imposition of penalty on all the appellants is set aside - Appeal allowed - decided in favor of appellant.
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