TMI Blog2016 (8) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... whom M/s. V.K. Enterprises purchased the goods and in turn sold to the assessee has been admittedly found to be a manufacturer of Polyster Yarn, an entirely different product and which has been proved on record by the Revenue on the basis of the investigations carried out and confronted the same to the appellant, in our view, all these are finding of fact based on the material on record found by all the three authorities who in unison have come to the conclusion that the Cenvat Credit was wrongly taken. Even if the seller is a registered dealer under Central Excise and an assessee under Sales Tax Laws, Income Tax Laws and other statutory laws and payment is by cheque, in our view, will not make any difference as long as on investigation it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ltd. from whom M/s V.K. Enterprises had purchased the goods was not at all manufacturing unit of Copper Wire but was manufacturing Polyster Yarn and the said company did not have any facility to manufacture Copper Wire in their factory and it was noticed by the Assessing Officer (for short, 'AO') that from the investigation it was revealed that claim for having procured raw material- copper rod by M/s Navneet Yarn Pvt. Ltd. was found to be fake. Accordingly, a show cause notice was issued by the respondents to the assessee which was responded to and it was contended that in so far as the assessee is concerned, it had purchased goods from M/s V.K. Enterprises, which has been found to be a registered dealer and the two invoices have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, therefore, the Cenvat Credit was correctly taken by the assessee. He further contended that it was not for the assessee to prove source of the source when admittedly M/s V.K. Enterprises has been found to be a concern duly registered under all statutory authorities namely; Income Tax, Sales Tax, Central Excise etc. and the assessee is not required to enquire as to from whom (V.K. Enterprises) it had purchased the goods. All payments are by account payee cheques and entries in statutory records have not been found to be incorrect. He contended that if the initial seller for some reason is found to be not existing or to have issued bogus bills, how a third party (assessee ) can be held to be proving the transaction. He contended that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of Copper Wire from M/s. V.K. Enterprises, Bhiwadi. Please also submit the Lab testing report, if any in respect of the above two consignments? Answer: We require Copper as input of 99.9% purity and the copper wire purchased by us vide above mentioned two Bills was of 99.9% purity also. In the case of Copper Wire we do not require any lab testing as the copper wire normally is of 99.9% purity. Question No.2: Please state whether the copper wire purchased by you under the above said two bills was of scrap in nature or it was fresh wire drawn from copper wire rods? Answer: The Traders of Copper Wire do not sell/dispatch the copper wires in Bundles in continuous length. They sell the copper wire by pressing and cutting the same in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l these are finding of fact based on the material on record found by all the three authorities who in unison have come to the conclusion that the Cenvat Credit was wrongly taken. Even if the seller is a registered dealer under Central Excise and an assessee under Sales Tax Laws, Income Tax Laws and other statutory laws and payment is by cheque, in our view, will not make any difference as long as on investigation it revealed that the goods purchased were not proved to the hilt and Revenue has made out a clear cut case of irregular availment of Cenvat Credit. We find no infirmity or perversity in the order of the Tribunal so as to call for interference. We find no question of law much less substantial question of law which can be said to ari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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