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2018 (3) TMI 547

t of credit is in contravention to Rule 15 (2) of the CCR 2004 read with Section 11AC of the CEA 1994 - Held that: - it is seen that the employees of the said input manufacturer have stated before the investigating authority that they were engaged into cutting of TMT rods into pieces in their factory of M/s. Industrial Associates during the period in question. Such cutting of TMT rods constitutes of iron and steel, which is the inputs required by the appellants. This fact has not been disputed by the Revenue and reliance is placed only on the statement of the Director and employees laying down that cenvatable inputs were not transported by them. - The bank statement stands produced showing the payment of invoices to M/s. Industrial Asso .....

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3 invoices issued by M/s Industrial Associates, Howrah. According to the Department, such availment of credit is in contravention to Rule 15 (2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1994. A show-cause notice dated 06.09.2013 was issued to the appellant proposing demand equivalent to the credit availed along with interest and penalty. The demand was confirmed by the Adjudicating Authority vide its Order dated 06.02.2015. The Commissioner (Appeals) upheld the adjudication order. Hence the present appeal before the Tribunal. 3. The ld.Consultant appearing on behalf of the appellant submitted that the Appellant Company had procured scraps of iron and steel products from M/s Industrial Associates. He .....

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tracted goods under the cover of excise invoices issued under Rule 11 of the Central Excise Rules, 2002 signed by the authorized person duly supported by the declarations made under West Bengal VAT Rules, 2005. Such excise invoices conspicuously specified all the particulars including the ECC No., CST No., W.B.VAT No., Description of goods alongwith Central Excise Tariff Head, assessable value and excise duty paid thereon besides the address of Central Excise Range Office and Division Office. The appellants received the goods in their factory under cover of the Central Excise invoices issued by M/s. Industrial Associates. The concerned staff at factory gate put the receipt seal under his initial and affected a consolidated entry in Form-IV .....

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illed the factum of knowing his dealer. 8. The Revenue s sole realization is on the statement of representative of M/s. Industrial Associates. However, it is seen that the employees of the said input manufacturer have stated before the investigating authority that they were engaged into cutting of TMT rods into pieces in their factory of M/s. Industrial Associates during the period in question. Such cutting of TMT rods constitutes of iron and steel, which is the inputs required by the appellants. This fact has not been disputed by the Revenue and reliance is placed only on the statement of the Director and employees laying down that cenvatable inputs were not transported by them. On the other hand, the assessee has brought on record the tra .....

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