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Lilasons Steel Tubes Ltd. Versus Commissioner of C. Ex., Faridabad-I

2016 (339) E.L.T. 257 (Tri. - Chan.) - CENVAT credit - imposition of penalty u/r 26(2) - whether the imposition of penalty for availment of Cenvat credit on the strength of Cenvatable invoices issued by the manufacturer supplier, justified? - Held that: - I find that initially investigation was conducted at the end of the dealer M/s. GGI Steel & Strips Pvt. Ltd. who have not named the appellant is involved in fake transaction. Further, no investigation was conducted at the end of the appellant t .....

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ri Vikrant Kackria, Advocate, for the Appellant. Shri K. Poddar, AR, for the Respondent. ORDER The appellants are in appeal against the impugned order imposing penalty on them under Rule 26(2) of the Central Excise Rules, 2002. 2. The facts of the case are that the appellant is manufacturer of steel products and selling goods through their dealer namely M/s. GGL Steel & Strips Pvt. Ltd. An investigation was conducted at the end of GGL Steel & Strips Pvt. Ltd. wherein the statement o .....

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me. 3. The ld. counsel appearing on behalf of the appellant submits that no investigation was conducted at their end to ascertain the fact whether the appellant has issued only invoices, not supplied the goods. He further submits that the statement of Sh. Sahil Sharma, director of M/s. GGI Steel & Strips Ltd. was recorded, he never stated that the invoices issued were not carrying the goods. In that circumstance, penalty under Rule 26(2) is not imposable on the appellant. 4. The l .....

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