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

2016 (2) TMI 982 - CESTAT CHANDIGARH

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 investigati .....

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has only issued the invoices, not supplied the goods. No statement of transporters was recorded to ascertain the truth. In that circumstance, I hold that the penalty under Rule 26(2) of Central Excise Rules, 2002 is not imposable on the appellant. C .....

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ppellant. 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 manuf .....

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rein he stated that he has received all the invoices from the manufacturer supplier and the same has been issued to the M/s. True Fab Engineers (P) Ltd. for availment of Cenvat credit on the strength of Cenvatable invoices issued by the manufacturer .....

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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 .....

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