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Star Metal & Tubes Corporation Versus Commissioner of Central Excise, Mumbai-V

2015 (12) TMI 1052 - CESTAT MUMBAI

Denial of CENVAT Credit - whether there is sufficient evidence against the appellant to establish the charge of aiding and abetting M/s. Real Terminal Engineering Works (India) Pvt. Ltd. to avail and utilize inadmissible cenvat credit - Held that:- Though the appellant states that Shri Jaswantlal Shah has helped M/s. Real Terminal Engineering Works (India) Pvt. Ltd. in availing inadmissible cenvat credit, but he has done so in his individual capacity and has nothing to do with the appellant. Thi .....

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ng in view all the facts and circumstances and the evidence on record, I do not find any infirmity in the impugned order. However, I feel that the imposition of penalty of ₹ 1,25,000/- is on a higher side and, therefore, I reduce it to ₹ 50,000 - Decided partly in favour of appellant. - APPEAL No. E/1186/10-Mum - Dated:- 4-12-2015 - Hon ble Mr. S.S. Garg, Member (Judicial) For the Appellant : Shri L.V. Pai For the Respondent : Shri V.K. Shastri, Assistant Commissioner (AR) ORDER This .....

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, they get input under challan prescribed under Rules 4(5)(a) of the Cenvat Credit Rules, 2002/2004. The appellant received a show cause notice in favour of one M/s. Real Terminal Engineering Works (India) Pvt. Ltd., Goregaon, Mumbai, as a main noticee and the appellant has been made as co-noticee among others. On the basis of intelligence received, the officer of DGCEI, Mumbai initiated investigation against M/s. Real Terminal Engineering Works (India) Pvt. Ltd. for contravention of the Central .....

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acture the mother tubes on job work basis and supplied the same to M/s. Real Terminal Engineering Works (India) Pvt. Ltd. and for that the appellant used to get cheques from M/s. Real Terminal Engineering Works (India) Pvt. Ltd. in favour of M/s. Annapurna Impex Pvt. Ltd. In reply to the show cause notice, the appellant submitted that they have not played any role to assist or avail fraudulent cenvat credit by M/s. Real Terminal Engineering Works (India) Pvt. Ltd. and hence the appellant pleaded .....

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ed by the impugned order, the appellant is before this Tribunal. 3. The learned counsel for the appellant submitted that the impugned order is contrary to law and patently illegal. He referred to the statement of Shri Arvind Jain recorded on 14.1.2008 wherein he inter alia stated that he was interacting with one Shri Jaswantlal Shah who used to inform him the name of the company, the type material and quantity available with them. Shri Jaswantlal Shah was working with the appellant. He also stat .....

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ey had ordered the copper scrap with Shri Jaswantlal Shah who had arranged the said scrap and handed over to them with central excise invoices for copper ingots and copper wire bars of M/s. Annapurna Impex Pvt. Ltd. The copper scrap was directly received by the appellant from M/s. Annapurna Impex Pvt. Ltd. and the same was never received by M/s. Real Terminal Engineering Works (India) Pvt. Ltd. The learned counsel further submitted that a perusal of the above statement clearly shows that the app .....

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le for any penalty. He also submitted that in the entire investigation, the name of the appellant did not figure anywhere. Shri Arvind Jain, broker and Shri Rajendra Thakker had taken the name of Shri Jaswantlal Shah, an employee of the appellant, for assisting M/s. Real Terminal Engineering Works (India) Pvt. Ltd. for procuring the input and delivering the cheques issued by M/s. Real Terminal Engineering Works (India) Pvt. Ltd. Shri Jaswantlal Shah in his statement recorded on 30.1.2008 has den .....

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