TMI Blog2017 (1) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... CCE, ST, Hyderabad-I [2016 (6) TMI 912 - CESTAT HYDERABAD] had analysed the very same pattern of evidence, and set aside the demand, interest and penalties - demand set aside - appeal allowed - decided in favor of assessee. - E/615/2012, E/621/2012 - A/31327-31328/2016 - Dated:- 18-11-2016 - Ms. Sulekha Beevi, C.S., Member (Judicial) Sh. M.V.S. Prasad, Advocate for the Appellant. Sh. P.S. Reddy, Assistant Commissioner (AR) for the Respondent. ORDER Facts in brief are that the appellants are engaged in manufacture of electrical fans and are availing the facility of CENVAT Credit on inputs and capital goods. A Show Cause Notice was issued against the appellants alleging that they availed irregular credit on invoices is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e investigation were considered by the Tribunal and the Tribunal had set aside the demand, interest and penalties imposed thereon. 3. On behalf of department the Ld. AR Sh. Arun Kumar reiterated the findings in the impugned order. He submitted that the three entries in the private records of Sh. Prabhakar recovered from his residence showed the name of the appellant. Further, that Sh. Prabhakar has stated that he has issued invoices without supply of goods. The modus operandi of Sh. Prabhakar and KMC was that the materials were diverted to the local market without issuing invoices and the manufacturers were issued invoices without supply of material for the purpose of taking credit. He submitted that in clandestine it is not possibl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Tribunal in the case of M/s Adhikasri Electromech Ltd., Others Vs CCE, ST, Hyderabad-I Final Order No. A/30267-30269/2016 dated 01.04.2016 had analysed the very same pattern of evidence, and set aside the demand, interest and penalties. The department, in the case of M/s Kedia Electrical Ltd., vide Order-in-Original dated 30.10.2009 has dropped the proceedings. The Commissioner (Appeals) in the case of M/s Prism Airtech KMC, had occasion to analyse the very same set of evidences and set aside the demand, interest and penalty vide Order-in-Appeal dated 26.02.2010. In view thereof, I find that the demand, interest and penalty imposed are unsustainable. The impugned order is set aside. The appeals are allowed with consequential re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
