TMI Blog2018 (2) TMI 1106X X X X Extracts X X X X X X X X Extracts X X X X ..... prepared by M/s Yash Industries, credit cannot be denied - It is not disputed that M/s Yash Industries are regularly purchasing rejected profile from M/s Shreeji and are using the same as raw material. The goods stands recorded in raw material account of the consignee and the payment towards purchase was made through banks. Appeal allowed - decided in favor of appellant. - E/86911, 86964, 86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the officers recorded statement of transporter Shri Salem Sahib Patel who stated that the goods were not consigned to M/s Yash Ind. The officers also recorded statement of employee and owner of M/s Shreeji Aluminium and Yash Industries. Resultantly show cause notice was issued alleging that M/s Yash Ind. has availed credit of ₹ 2,72,321/- on the basis of invoices issued by M/s Shreeji Alumi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wner of both the concerns that the goods were sold by M/s Shreeji Aluminium and received by M/s Yash industries. They have procured goods in hugh quantity but the show cause notice has issued only for four invoices which clearly shows that the allegation of non receipts has no basis. That only on the basis of statement of transporter Shri Patel the credit cannot be disallowed. There is no evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shreeji Aluminium and the same has been recorded as scrap by them. Subsequently it is used for manufacture of Ingot. In case of manufacture of Ingot the Appellant is using all kinds of Alumnium scrap which is melted and used for manufacture. The statements of the consignee of the goods and the consignor are exculpatory as they have clearly stated that the goods were received by the consignee. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
