TMI Blog2013 (8) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... their statements are totally silent about their transactions regarding purchase of HR Coils from M/s. Pasondia Steel. On this point neither any questions was put to them, nor have they made any statement. Thus, the statements of Proprioter/Director of the abovenamed company do not in any manner support the Department’s allegation with regard to HR Coils – Held that:- Invoice issued by the registered dealers mentioned the Truck Nos. in which the goods covered under the invoices had been transported. But absolutely no enquiry has been conducted with the truck owners. The entire case of the Department against the Respondent relies upon the evidence with regard to fictitious nature of the transactions of M/s. Pasondia Steel regarding the supply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondents from the above mentioned two registered dealers under eight invoices-one invoices issued by M/s. Bansal Structural and remaining seven invoices are issued by M/s. Rishav Trading. The total Cenvat Credit availed is Rs. 5,55,455/-. M/s. Bansal Structural and M/s. Rishav Trading in the invoices issued by them to the respondent have mentioned the source of the goods sold by them as - M/s. Pasondia Steel Profiles Pvt. Ltd., Ghaziabad. The invoices issued by the above mentioned registered dealers also mentioned Truck Nos. in which goods covered by the invoices had been transported. Sh. Manoj Jain, Prop. M/s. Rishav Trading and Sh. G. K. Bansal of M/s. Bansal Structural, in their statements stated that the goods shown as purchased un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctural with the Respondents were also bogus. The Respondents were accordingly issued Show Cause Notice dtd. 24.04.2009 for demand of Cenvat Credit amounting to Rs.5,55,455/- along with interest and also for imposition of penalty. 1.4 The Show Cause Notice was adjudicated by the Additional Commissioner vide order-in-original dtd. 30.11.09 by which he confirmed the demand along with interest and imposed penalty of equal amount on the respondent. Besides this, penalty was also imposed on M/s. Rishav Trading and M/s. Bansal Structural. 1.5 The respondent company filed an appeal before the Commissioner (Appeals) against above order of the Additional Commissioner who vide order-in-appeal dtd. 02.04.2004 set aside the Additional Commissioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pasondia Steel. He also pointed out to the statements of Sh. Manoj Jain of M/s. Rishav Trading and Sh. G.K.Bansal of M/s. Bansal Structural wherein they have stated that there were no direct dealings with M/s. Pasondia Steel and all payments were being made by cheque through brokers and pleaded that these statements also show that their transactions with M/s. Pasondia Steel regarding purchase of HR Coils were bogus. He, therefore, pleaded that the impugned order is not correct. 5. Sh. Bipin Garg, ld. counsel for the respondent, pleaded that disputed item in this case is HR Coils which the respondent have purchased from M/s. Rishav Trading and M/s. Bansal Structurals, who in turn, had purchased the same from M/s. Pasondia Steel, that M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds. The dispute in this case is about the receipt HR Coils under invoices issued by two registered dealers on the basis of which the Cenvat Credit of Rs.5,55,455/- was taken by respondent. Authorized Signatory of the respondent company, in his statement has stated that goods covered issued by the registered dealer s invoices had been received. The invoices issued by the registered dealers M/s. Rishav Trading M/s. Bansal Structurals mention that M/s. Pasondia Steel Profiles Ltd. had supplied the HR Coils to M/s. Rishav Trading and M/s. Bansal Structurals. Though statements of Sh. Manoj Jain, Prop. of M/s. Rishav Trading and Sh. G.K.Bansal Director of M/s. Bansal Structurals were recorded, there is nothing in these statements from which it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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