TMI Blog2013 (8) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... emoval that the invoices have been issued and no goods have been supplied to the appellant, it has ingredients of fraud, mis-statement, intention to defraud the Revenue - it is fit case to impose equivalent penalty under section 11AC - Thus there is no case of any reduction of penalty - Decided against Assessee. - Appeal No. E/1/2011-(SM) - - - Dated:- 29-5-2013 - Mr. Manmohan Singh, J. For the Respondent: Shri Sanjay Jain, DR JUDGEMENT PER: MANMOHAN SINGH No one is present on behalf of the appellant. The appellant has been granted ample opportunity of hearing on 16.3.2012, 12.7.20012, 31.8.2012, 26.10.2012, 9.1.2013 and 21.3.2013. Notices have been issued to them. The appellant has not given any intimation regarding inabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the goods, it is not possible to keep the stock of the goods. The adjudicating authority found that the assesseee has shown receipt of 51300 meters of PVC insulated wires in one day and that the whole quantity of 51300 meters of PVC insulated wires has been shown to be issued during 19.12.2001 to 27.12.2001 or say within 9 days. He observed that such a huge quantity which do not have any specification cannot be used in the manufacture of final product in a very short period and the quantity issued is the same which was shown to be received from M/s.Satvik Industries. The Adjudicating authority has held that the appellant has not received the 5545.905 kgs of winding wire of copper and 51300 meters of PVC insulated wires from Satvik ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the adjudicating authority along with interest is upheld. 6. Regarding penalty, it is contended that there should be reduction in the amount of penalty. In view of the facts stated above as well as on the basis of finding on clandestine removal that the invoices have been issued and no goods have been supplied to the appellant, it has ingredients of fraud, mis-statement, intention to defraud the Revenue. The facts have been enumerated as above establishes that the appellant has no ground to help them because he has taken the plea that the goods have been received but appellant has not been able to co-relate the facts where it has been already admitted by the supplier that the only paper invoices have been issued without supplying the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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