TMI Blog2018 (12) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... d the supplied the same to the manufacturer-buyers through the dealers. Without proper investigation, it cannot be alleged that the appellants have not received duty paid steel ingots manufactured by M/s. Triveni Castings Pvt. Ltd. - the appellants i.e. Manufacturer-buyers have correctly availed Cenvat credit on steel ingots manufactured by M/s. Triveni Castings Pvt.Ltd. Penalty - Held that:- As the manufacturer-buyer has received the goods through proper channel, no penalty can be imposed on the dealers as well as manufacturer-buyers. Appeal allowed - decided in favor of appellant. - Appeal No. E/3153,3201,3203-3213,3252-3260,3307-3308/2009 & E/29 & 98/2010 - FINAL ORDER NO.63323-63345/2018 - Dated:- 12-10-2018 - Mr. Ashok Jin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not manufactured their final products, it was presumed that they have issued only invoices to the dealers and it was merely paper transactions. Therefore, it was alleged that the manufacturer-buyers had availed inadmissible Cenvat credit on the basis of invoices issued by the dealers who got invoices from M/s. Triveni Castings Pvt.Ltd. without physical movement of steel ingots. On basis of these allegations, a case has been booked against the appellants and it was revealed that as M/s. Triveni Castings Pvt.Ltd. has not manufactured steel ingots as they have not received the scrap to manufacture the final products. Therefore, they have issued only invoices to the dealers, who in turn issued invoices to the manufacturer- buyer to avail inad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs as well as dealers in the absence of contrary evidence. 4. On the other hand, Ld. AR submits that it is a fact on record that as per the investigation conducted at the end of M/s. Triveni Castings Pvt. Ltd. that they have not received scrap to manufacture the final products. Therefore, the credit has rightly been denied to M/s. Triveni Castings Pvt. Ltd. against the invoices. As M/s. Triveni Castings Pvt. Ltd. has not received the scrap, the question of manufacture of steel ingots does not arise. Therefore, all the statements recorded during the investigation can not be relied upon. As no manufacturing took place at the end of M/s. Triveni Castings Pvt. Ltd., therefore, no goods have been moved from M/s. Triveni Castings Pvt. Ltd. to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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