TMI Blog2013 (10) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... the genuine invoices as no goods manufactured by the manufacturer were supplied in these invoices - no credit is admissible to M/s Anurag Alloys & Die Cast (P) Ltd. Penalty - Imposition of Penalty under Rule 15 of Cenvat credit Rules r.w section 11AC of the CE Act – Held that:- There is no reason to interfere with this finding of the Commissioner (Appeal) in upholding penalty equal to inadmissible Cenvat Credit amount - there is no ground for interfering penalty imposed on M/s Jagdamba Metal Store also -the Order-in-Appeal was upheld – Decided against Assessee. - E/756-757/2011-EX(SM) - FINAL ORDER NO.57506-57507/2013 - Dated:- 30-8-2013 - Sahab Singh, J. For the Appellant : Shri Vivek Aggarwal, Adv. For the Respondent : Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jagdamba Metal Store. Statements of Shri Kripa Shankar Pandey, Manager Commercial and Shri S.B. Singh, Director of M/s. Anurag Alloys Die Cast (P) Ltd. were recorded during the course of investigation and M/s. Anurag Alloys Die Cast (P) Ltd. reversed the inadmissible Cenvat Credit by making debit entries on 13.03.2009, 17.03.2009 and 17.04.2009. A Show Cause Notice was issued to the appellants which was confirmed by Additional Commissioner vide order No. 3/4/2009 dated 06.04.2010. The Order-in-Original was challenged before the Commissioner (Appeals), who vide impugned order rejected their appeal. 3. The Ld. Advocate appearing for the appellants submits that all the transactions were genuine as all the payments were made through prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case under which relief was granted to the appellants. 5. The Ld. Commissioner AR reiterates finding of the lower authority and submits that there was a racket going on in respect of issuing of cenvatable invoices without supplying goods to the manufactures and in respect of M/s Bhagwati Trading Company investigation were taken up by the Department and many manufactures took Cenvat Credit on the basis of inadmissible cenvatable invoices. The manufactures of the goods in their statements have categorically admitted that no goods were supplied by them. He also refers to statements given by Shri K.P. Khemka and Shri, Rupesh Bansal of M/s Bhagwati Trading Company and others in this regard. He therefore submits that Commissioner (Appeal) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agdamba Metal Store. On the basis of statement of Shri K.P. Khemka of M/s. Khemka Ispat and Shri Rupesh Bansal of M/s Bhagwati Trading Company it is clear that M/s Jagdamba Metal Store being a second stage dealer has issued invoice without supply of duty paid goods and had availed inadmissible Cenvat Credit on the strength of invoice issued by first stage dealer without actual receipt of the goods. In view of these facts M/s Anurag Alloys Die Cast (P) Ltd. are not entitled to the Cenvat Credit of Rs. 1,62,221/- against invoice issued by M/s Jagdamba Metal Store. Accordingly total inadmissible Cenvat Credit to M/s Anurag Alloys Die Cast (P) Ltd. comes to Rs. 8,74,357/- and rightly has been confirmed by the Commissioner (Appeals) and this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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