9911796707
TMI Blog2014 (4) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of Cenvat credit Rules 2004 as the inadmissible Cenvat Credit has been taken by M/s R.S. Industries. Revenue also pointed that it has clearly been proved through investigations that M/s R.S. Industries availed Cenvat Credit on the invoices issued by registered dealer on the strength of bogus invoices issued by first stage dealer namely M/s Rishav Trading Company, Ghaziabad. 2. Heard the ld. DR. However none was present from the respondent side. Appeal was examined with the assistance of learned DR. 3. Records containing Order-in-Original, Commissioner (Appeals) order as well as grounds of appeal preferred by Revenue before the Tribunal were examined. It comes out that M/s R.S. Industries, B-59, Sector-2, Noida were engaged in the manuf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'PSPL' in cash, and also the pay orders for payment of SAIL were prepared by the said dealers. Thus they (PSPL) were only providing 'accommodation entries' in their books and the entire transactions were being done by the dealers in cash through their account. 6. It has also been admitted by Shri Amarjeet Singh, Transporter, Shri Jitender Kumar, Accounts Officer of M/s Jain Cutters (Jain Iron & Steel Industry) B-22/02, BSR Indl., Area, Ghaziabad, Shri Rajeev Agarwal Accountant, M/s Saaras (Cutters) India Pvt. Ltd., Ghaziabad in their statements recorded U/s 14 of the Central Excise Act, 1944 that 'PSPL' did not lift the HR Coils from SAIL, nor sent the HR Coils for cutting on their own but the same were received for cutting by the above n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that fraud has been committed and fake invoices have been issued enabling dealers/buyers to take fraudulent credit. There is clear admittance of fraud as goods received by the respondent were from the open market. There was absolutely no co-relation. I agree with the revenue that goods have not come to the factory under the cover of specified documents evidencing payment of duty thus there could be no availment of credit. Further in the present case, there is issue of fake invoices without receipt of goods by the suppliers involving fraud. No duty was paid and goods were procured from open market. 10. From the above facts, revenue has clearly brought out that there is committed of fraud involving issuing of invoices without receipt of mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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