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2015 (10) TMI 157 - CESTAT NEW DELHI

2015 (10) TMI 157 - CESTAT NEW DELHI - TMI - Penalty under Rule 26 of the Central Excise Rules, 2002 - CENVAT Credit - Held that:- No statement of the appellant has been recorded neither any summons to record the statement have been issued to the appellant. The statement of manufacturing supplier shows that they were issuing invoices to M/s. Rupesh Bansal. The contention of the appellant before me is that they have received the goods under the cover of invoices issued by M/s. Khemka Ispat Limite .....

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eady admitted that he has received the goods. Therefore/ the statement of the second stage dealer and manufacturing buyer supposed the case of the appellant and in the absence of any statement of the appellant now the question arises why the statement of the appellant was not recorded during the course of investigation. Therefore, I conclude that investigation against the appellant is incomplete. - penalty on the appellant is not imposable without any corroborative evidence against the appellant .....

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an agreement with M/s. Khemka Ispat Limited; that during the impugned period, they will do paper transaction by issuing invoice to each other for sale and purchase of the goods without physically supplying the goods. Thereafter, the statement of Shri K.P. Kher was also recorded who supported the statement of Shri Rupesh Bansal. Thereafter, an investigation was conducted at the premises of Sh. Amarjeet Singh Malik, Malik Sons and Cosmos Steel a second stage dealer and statement was recorded who, .....

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/s. Malik Sons and Cosmos Steel. But to buy peace, M/s. Jainsons Engineering Limited reverse the CENVAT Credit availed on the invoices in dispute. Thereafter, show cause notice was issued to the appellant to impose penalty under Rule 26 of the CENVAT Credit Rules, 2002 for selling and purchasing of the goods in dispute without physical delivery of the goods. Both the lower authorities imposed penalty on the appellant. 3. Aggrieved from the said order, appellant is before me. 4. Ld. counsel for t .....

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dealer to whom the goods were sold by the appellant is recorded who admitted that they have received goods against the duty paid invoices and the same has been confronted by the manufacturing buyer of the goods who also stated that they have received goods under duty paid invoice showing the manufacturing supplier as Khemka Ispat Ltd. In these circumstances, without recording the statement of the appellant, penalty on the appellant is not imposable. 5. He further submits that in similar set of i .....

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cturing supplier M/s. Khemka Ispat Ltd. reported in his statement has categorically mentioned that they have not manufactured any goods during the impugned period, only issued invoice. Therefore, question arises from where the appellant procured the goods. Therefore, it is clear inference from the circumstances of the case that the invoices which have been issued the appellant are covered the goods which have not been sold by M/s. Khemka Ispat Ltd. to appellant. Therefore, CENVAT Credit cannot b .....

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