TMI Blog2013 (11) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... uct and issue of paper transactions to avail irregular credit - Preponderance of probability is in the favour of Revenue. Further no financial hardship has been pleaded by the appellants - Assessee directed to deposit Rs.75 lakhs as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial stay granted. - Appeal No.E/57669,57670, 57668/2013 and Appeal No.E/57668/2013 - MISC ORDER NO.59423/2013 - Dated:- 23-9-2013 - Mrs. Archana Wadhwa and Shri Manmohan, JJ. For the Appellant : Shri Ravinder Singh, Consultant For the Respondent : Ms. Shweta Bector, DR ORDER PER: MANMOHAN SINGH The above appellants have come in appeal against the order in original No.4/13-CE dated 22.2.13, vide which d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm of Shri Puneet Bhandari and invoices issued from this dealer firm had been issued to their factory only to avail cenvat credit without receiving any material. Statements of Shri Somnath, Shri Santlal and Shri Dhruv Kumar Patel, paid workers of the said factory were also recorded on 20.10.2010/21.10.2010 wherein they stated that they manufactured lead ingots in their factory only by way of melting of various types of scrap in furnace and nothing except scrap had ever been melted by them in their furnace. No lead ingots or any other ingots had ever ben used in the furnace for melting. The workers of the factory also disclosed and confirmed that no ingots were processed in their factory as inputs. 4. Details of raw materials claimed to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, it came out that the said premises of Punjab Metals Works Alloys (India) were closed since long having no business activity at all. Statements dated 21.10.2010 of Shri Ramesh Kmar Dalal and Shri Bajrang Lal Gupta, neighbours of Punjab Metals Works Alloys (India) were recorded wherein they categorically stated that preemies of Punjab Metals Works Alloys (India) were closed since long and no business activity has been noticed in that premises. No goods have been loaded and unloaded in the factory 9. During verification of premises of Punjab Metals Works Alloys (India) no stock of any type of goods was available. 10. Shri V.K.Bhandari, director of the company in his statement stated that Shri Puneet Bhandari was the master mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Rules, 2004. andthey were not required to issue any transport document for local transaction. 12. Ongoing through the facts of the case, it clearly comes out that lot of fraudulent activities have been undertaken by M/s.Puransons Alloys with active support of M/s.Punjab Metal Works. Both units were being controlled by Shri Puneet BhandariFake invoices have been issued to take cenvat accredit with a intention to defraud the Revenue. Serious prejudice has been done to the Revenues interest. Investigations by Revenue have been able to bring out enamours evidence in their favour. 13. In view of the above, Revenue has been able to make out a very good case for fraudulent conduct and issue of paper transactions to avail irregular credit. P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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