TMI Blog2017 (11) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... en issued, therefore no CENVAT credit was admissible on these invoices. Held that: - the findings of the learned Commissioner (Appeals) have not been assailed by the Revenue except bald allegation - It is an admitted fact that Revenue have taken action against the said M/s VKMW only in the year 2010. Thus, during the period of transactions 2004 05 and 2006 07. The appellant have entered into transaction with the said M/s VKMW bona-fide. It is also admitted fact that neither the Revenue had cancelled the registration certificate of the said M/s VKMW nor given any public notice as to the fraud committed by the said M/s VKMW. Thus, under the scheme of the Act, the respondent-assessee acted and bona-fide have procured the inputs from the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 313 dt. 26.02.2005 2 00103 15.02.2005 2,55,859 5,117 304 dt. 26.02.2005 3 00314 16.11.2006 5,45,394 1,908 406 dt. 30.12.2006 Total 10,56,968 12,139 2.2 The above allegation were levelled against the respondent in view of an investigation carried out by the Directorate General of Central Excise Intelligence, New Delhi (hereinafter referred to as DGCEI for the sake of brevity) against M/s VKMW alleged supplier of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nerate, Noida. During the course of further investigations it came to the notice that the respondent had shown to have purchased the Copper Ingots against the invoices as mentioned hereinabove and availed the CENVAT Credit and the said CENVAT Credit availed by the respondent was irregular as the goods i.e. Copper Ingots shown to be covered by these invoices issued by M/s VKMW had actually not been manufactured by M/s VKMW and only the invoices showing bogus clearances of finished goods had been issued to the respondent. 2. Accordingly show cause notice was issued or respondent demanding recovery of Cenvat Credit ₹ 10,69,107/- for the period February, 2005 to December, 2006 with further proposal to impose penalty under Rule 15 of CC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discharged its contractual liability by making payment of these invoices through the banking channel by cheques. Therefore, the duty paid nature of the said inputs received by the appellant is not disputed by the Revenue. So the only question which remains is whether copper ingots are the same as covered by the invoices in dispute. Learned Commissioner further observe that in the impugned order and SCN, there is no allegation that the respondent-assessee received the goods in question from any other source. Further observe that the obligation of the respondent-assessee under the scheme of the Act is to ensure that the inputs have suffered duty at the hands of the manufacturer and the inputs covered in the invoices have been received and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acture has taken place in the factory of M/s VKMW. Hence, this naturally implies that the goods in question had not originated in the factory of M/s VKMW. Accordingly, prays for allowing the appeal of Revenue. 5. Heard learned advocate for the respondent-assessee who has supported the findings in the impugned Order-in-Appeal. 6. Having considered the rival contentions I find that the findings of the learned Commissioner (Appeals) have not been assailed by the Revenue except bald allegation. The grounds of appeal are more or less repetition of the show cause notice. I further find that Revenue itself under the facts and circumstances after due verification had granted registration to the said M/s VKMW. It is an admitted fact that Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
