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C.C.E. Bhopal Versus M/s Farmer Engineering Industries Ltd.

2015 (5) TMI 1069 - CESTAT NEW DELHI

Recovery of irregularly availed cenvat credit - partnership firm engaged in the manufacture of Parts of Motors & Generators, parts of Railway Locomotives and Threaded Articles of Iron & Steel - raw materials MS Plates, HR Plates, Sheets, Angles, Channels, Rounds, Square, Bar, Steel Wire and Welding Electrodes, Bearing and Paints etc - cenvat credit of ₹ 17,49,974/- availed fraudulently on the basis of documents without receipt of 716.1225 MT of MS Steel/Sheets - Held that: - the lower Auth .....

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quantity of raw material, the value addition must be more than 300% of raw material cost, which is not acceptable for considering the nature of goods handled by the Respondent. - The purchase transactions were made only through cheque i.e. bank transactions - the allegation of non-receipt of the input goods not sustainable. - The balance amount after utilization of CENVAT credit has been paid by the Respondent from their PLA account, which shows that there is no fraudulent availment of .....

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arts of Motors & Generators, parts of Railway Locomotives and Threaded Articles of Iron & Steel. The main raw materials used by the respondent for manufacture of the above goods are MS Plates, HR Plates, Sheets, Angles, Channels, Rounds, Square, Bar, Steel Wire and Welding Electrodes, Bearing and Paints etc. The buyers of the excisable goods manufactured by the Appellant are M/s BHEL, Bhopal/Jhansi and Diesel Locomotive Work, Patiala of Indian Railways . The factory of the Respondent was .....

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respondent. The SCN dated 18.07.2005 issued in this regard, was adjudicated by the Joint Commissioner of Central Excise vide order dated 23.12.2005, wherein the proposals made in the SCN were dropped. Feeling aggrieved by the said order of the Adjudicating Authority, the Department had preferred appeal before the Commissioner (Appeals), Central Excise, Bhopal. Vide impugned order dated 29.06.2007, the appeal of the Revenue was dismissed by affirming the order passed by the Original Adjudicating .....

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