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TMI Blog2017 (11) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent(s) ORDER Per: Ashok Jindal The appellants are in appeal against the impugned order wherein Cenvat Credit sought to be denied to them. Consequently, the duty was demanded and penalties were also imposed on the appellants. 2. The brief facts of the case are that an investigation was started at Sh. Rupesh Bansal namely M/s Bhagwati Trading Co., M/s Ayushi Steels Company, M/s Om ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luntarily reverse the Cenvat Credit to the tune of Rs. 4,51,250/-. On the basis of this investigation, a case was made out against the appellants to deny the Cenvat Credit on the invoices issued by Sh. Rupesh Bansal in the name of various firms to the appellants to the tune of Rs. 40,54,339/- and to impose the penalty on all the appellants. The matter was adjudicated, the demands proposed in the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Drugs Pvt. Ltd. Vs. UOI - 2016 (340) ELT 67 (P&H), therefore, the impugned order is to be set aside and the matter is remanded back to the adjudicating authority to allow the cross-examination of the persons whose statements have been relied upon and thereafter the adjudicate the matter on its merits. 4. On the other hand, the Ld. AR opposed the contention of the Ld. Counsel and submits that in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m February to March 2003, they have not received the goods along with invoices but for rest of the demand, he has not admitted, in that circumstances, the demand on account of denial of Cenvat Credit for the period February to March 2003 on the invoices issued by Sh. Rupesh Bansal in the name of various firms is denied and the appellants are liable to pay interest for the interviewing period also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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