TMI Blog2017 (4) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of the appellant - appeal dismissed - decided against appellant. - E/ST/27985/2013 in E/27631/2013 - A/30537/2017 - Dated:- 12-4-2017 - Shri (Dr.) Satish Chandra, President And Shri Madhu Mohan Damodhar, Technical Member Shri V.J. Shankaram, Advocate For the appellant Shri Arun Kumar, AC (AR) For the respondent ORDER Per: Madhu Mohan Damodhar After hearing both sides on the stay application, we are proceeded to hear the appeal itself for final disposal. 2. The brief facts of the case are that consequent to investigation conducted by the Department, it appeared that one M/s. Yegna Manojavam Drugs and Chemicals Ltd. (herein after Y.M. Drugs) manufacturers of bulk drugs and intermediates had indulged in in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uts to appellant. The credit passed on is ₹ 88,00,732/-. The appellant issued likewise invoices to two manufacturers Y.M. Drugs and Pavan Drugs and Chemicals Ltd. and passed on credit amounting to ₹ 74,93,250/- and ₹ 13,13,250/-. The two manufacturers in turn issued likewise invoices to M/s. Finechem, a dealer. The dealer M/s. Finechem in turn again issued invoices (without receipt of materials) to M/s. Reliance Cellulose Products Limited (the original manufacturer who first issued the invoices). This is thus a cyclic movement of invoices with no movement of any goods. iii) Since there was no clearance of any goods from any place in the cycle of exchange of blank invoices of receipts and dispatch, and no jeopardy to G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. During scrutiny of cenvat invoices issued by the appellant, department had initiated investigation into the vehicles indicated therein in which the purported materials had been supplied/transported. Such verification revealed that some vehicle numbers did not exist at all and others were non goods transport vehicles like auto rickshaw, tractor, car etc. 6.3 These findings were corroborated by Shri Rajesh Kumar Vijaywargi, then Executive Director of the appellant in his statement dated 22.06.2011. Shri R.K. Vijaywargi had admitted that the appellant never purchased MCC from M/s. Reliance Cellulose Pvt. Ltd.; that appellant had issued central excise dealer invoices to Y.M. Drugs and Pavan Drugs without actual supply or movement of mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
