Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2018 (3) TMI 497

T credit - Held 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. Not duty was being paid and no goods were cleared from M/s Sofina Fashion. Documents were being generated to show payment of duty with the intention of claiming fraudulent rebates. The main beneficiary of the 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-cau .....

X X X X X X X

Full Text of the Document

X X X X X X X

tal Exports, M/s Karishma Overseas and M/s Krishna Exports and other three co-noticees. 2.1 It was admitted by Shri Kashinath Das that at the behest of Mr. Chandubhai Patel and others, they had obtained registration of the premise under Central Excise. He admitted that he was proprietor of the said unit and he had signed the application for registration. He 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 .....

X X X X X X X

Full Text of the Document

X X X X X X X

3. Learned AR for the Revenue argued that there was no manufacturing activity whatsoever undertaken by M/s Sofina Fashion. No goods were manufactured or cleared from their premises and they issued invoices and ARE-1 documents showing utilization of CENVAT Credit. In these circumstances, learned AR argued that the demand of CENVAT Credit and imposition 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 N .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||