9911796707
TMI Blog2009 (9) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. Both the firms are registered dealers. It was found during investigation that M/s. Asian Alloys Ltd., Mandi Gobindgarh, Punjab fraudulently availed Cenvat credit on the basis of cenvatable invoices issued by the various registered dealers and washer manufacturing units. The Central Excise officers searched the business premises of M/s. Asian Alloys Ltd. on 12-1-2001 and conducted thorough investigation. It was found that during the period from 1-4-2000 to 31-7-2001, M/s. Asian Alloys Ltd. availed credit on the basis of invoices issued by the registered dealers and washer manufacturing units. It was found that both the firms had also issued cenvatable invoices without supplying the goods to M/s. Asian Alloys Ltd. In addition to that, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DR on behalf of the Revenue reiterates the findings of the Commissioner. He submits that the appellant admitted in his statement and also stated in reply to the show cause notice that he used to procure cenvatable invoices from various registered dealers to facilitate to avail credit to M/s. Asian Alloys Ltd. without supplying the goods. He submits that the penalties imposed on the proprietorship firm and partnership firm in respect of issue of cenvatable invoices without supplying the goods have no connection with the present case. It is his contention that the penalty was imposed on the appellant in the present case as he assisted M/s. Asian Alloys Ltd. to avail credit on the basis of cenvatable invoices without supplying the goods and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is seen from the impugned order that the registered dealers and washer manufacturing units contended that they supplied the goods with duty paying documents to M/s. Asian Alloys Ltd. On the other hand, M/s. Asian Alloys Ltd. and the appellant herein admitted that M/s. Asian Alloys Ltd. utilised the Cenvat credit on the basis of cenvatable invoices issued by the registered dealer and washer manufacturing units without receiving the goods. It appears from the submission of the ld. Advocate that the goods supplied by the registered dealers and washer manufacturing units were diverted, which are liable to confiscation. Hence, the imposition of penalty on the appellant under Rule 26 of the Rules is justified. The case laws relied upon by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
