9911796707
TMI Blog2013 (8) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ir final products are HR Coils, MS Plates, MS Channel, MS Angles etc. The dispute in this case is only in respect of HR Coils which according to the respondent, were purchased by them during the period from 27.04.2004 to 04.11.2005 from two registered dealers M/s. Rishav Trading Co. and M/s. Bansal Structural. The HR Coils are claimed to have been purchased by the 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d HR Coils from two registered dealers M/s. Rishav Trading and M/s. Bansal Structural. 1.3 The Department, however, was of the view that in view of the background of M/s. Pasondia Steel their sales of HR Coils to the above mentioned registered dealers were also bogus, and hence the Transactions of the registered dealers M/s. Rishav Trading and M/s. Bansal Structural 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 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turals regarding supply of HR Coils are bogus, transactions of M/s. Rishav Trading and M/s. Bansal Structurals with the respondent regarding supply of HR Coils would also be bogus, as it is clear from the invoices that the registered dealers have sold only that quantity of HR Coils to the respondent, which is claimed to have been received by them from M/s. 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 purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re HR Coils, that there is nothing in the statements of Sh. Manoj Jain and G.K Bansal from which it can be concluded that their transaction with M/s. Pasondia Steel regarding purchase of HR Coils were bogus and that in view of this, there is no infirmity in the impugned order. 5. I have considered the submissions from both the sides and perused the records. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from two dealers i.e. M/s. Rishav Trading & M/s. Bansal Structurals, who, in turn, claim that the HR Coils in question, had been purchased by them from M/s. Pasondia Steel. There is no dispute that M/s. Pasondia Steel were purchasing HR Coils from Steel Authority of India Ltd. and it is possible that some quantity of HR Coils may have been sold by them as such to the above mentioned registered dealers after reversing the Cenvat Credit. Though this aspect could have been checked from the There is no evidence produced by the Department to show that M/s. Pasondia Steel had not sold any HR Coils to these two registered dealers. 7. In view of the above discussion I hold that there is no infirmity in the impugned order. The Revenues appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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