TMI Blog2018 (3) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... entire fraudulent were three exporting firms namely, M/s Karishma Overseas, M/s Krishna Exports and M/s Sheetal Exports, and M/s Sofina Fashion was used as a tool for these purposes - plea of leniency to the three exporters does not merit consideration and the same is rejected. Reversal of CENVAT Credit from M/s Sofina Fashion - Held that: - even the show-cause notice clearly mentioned that there was no movement of any goods to or from registered premises of M/s Sofina Fashion. There was no generation and/or maintenance of any documents for M/s Sofina Fashion except ARE-1. Therefore, there was no operation and maintenance of CENVAT account by M/s Sofina Fashion at any stage - the charge of availing or utilizing credit by M/s Sofina Fashi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had also given authorization letter to sign on his behalf of all excise documents in favour of Shri Jagdish Kumar Sarneshwaria at the behest of Mr. Chandubhai Patel. The premises obtained by them on rent was not used for any manufacturing activity. 2.2 Learned Counsel for M/s Sofina Fashion argued that demand has been raised against them for recovery of the CENVAT Credit utilized by them shown in certain invoices used by other three co-noticees for claiming fraudulent rebates. Learned Counsel pointed out that even show-cause notice states that M/s Sofina Fashion had filed Nil monthly return for the period September, 2004 to January, 2005. He also argued that it has been alleged that no records whatsoever were maintained by M/s Sofina Fas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of penalty on Sofina Fashion is justified. He further submitted that the three exporters namely, M/s Karishma Overseas, M/s Krishna Exports M/s Sheetal Exports were also involved in similar offences earlier. He pointed out that Shri Prakash Poddar, authorized signatory of Karishma Overseas and Sheetal Exports was also penalized in the case of Babulal Gem and others, wherein his appeal No. E/676/2010 was dismissed by the Tribunal. He argued that being a regular offender, no leniency should be shown to these exporters. 4. We have perused the records and rival submissions, we find that it is an admitted position that all the persons involved were aware that there was no manufacture taking place at the premises of M/s Sofina Fashion. N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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