9911796707
TMI Blog2015 (4) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... ADVOCATE JUDGMENT : (PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA) 1. This tax appeal has been preferred under Section 35-G of the Central Excise Act, 1945 being aggrieved by the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zone Bench at Mumbai in Appeal No.E/2489/05-Mum. The tax appeal has been admitted on the following two substantial questions. "a. Whether pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extiles, a manufacturer with provisional registration No.370104/M/537/2003 dated 16.7.2003. It was further alleged by the department that M/s Ankit Textiles which was supposed to have supplied polyester grey fabric was found to have given fake/fictitious address. 4. The show cause notice was issued narrating contravention of Cenvat Credit Rules 2002 to the present appellant directing to show caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt appellant maintained the record and has passed on the credit taken by them as a dealer. Rule 7(2) clearly provides that reasonable precaution should have been taken by the person who takes credit. When the present appellant has availed cenvat credit without verifying genuineness of his counter part M/s Ankit Textiles itself is indicative of contravention of Cenvat Credit Rules 2002. Rule 13 emp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rightly confirmed ultimately by reducing the amount of penalty from Rs. 7,36,707/- to Rs. 2,00,000/- which, in our view, is in consonance with the allegations levelled against the present appellant and proved fact in view of the clear provisions of the Cenvat Credit Rules, 2002. We answer both the questions against the appellant - assessee and in favour of the respondent department. The appeal i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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