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2020 (3) TMI 148

..... ts were being received by M/s Arya Alloys - case of appellant is that there is no manufacture taking place, and no inputs received hence credit cannot be disallowed - HELD THAT:- On being questioned, learned Authroised Representative has not been able to bring out any other evidence on record except the statement of Shri Amit Gupta and the transporters and the allegations of receiving back of cash as against the payments made through banking channels - It is also a fact that the appellant was reflecting the receipt of the inputs in their statutory records. Further, the Revenue has not alleged that the inputs required for making the final product were procured by the appellant from any other source. In the absence of the inputs, it is not po .....

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..... stigation conducted by the Revenue, a belief was entertained that M/s Unnati Alloys is only providing the Cenvatable invoices to M/s Arya Alloys without actually supplying the inputs. It was further alleged that though the payments for the said inputs was being made by M/s Arya Alloys through banking channels but subsequently M/s Arya Alloys was receiving back the said amounts in cash. Statements of Shri Amit Gupta as also some of the transporters were recorded by the Revenue indicating that no inputs were being transported by M/s Unnati Alloys to M/s Arya Alloys. 3. Based upon the above, proceedings were initiated against the appellant resulting in passing of the present impugned orders. The appellant, on the other hand, contended that all .....

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..... also observed that all the transactions related to inputs purchased was duly recorded in the books of account and inventory records. As such, the denial of Cenvat credit in those cases was set aside. The said decisions stands followed by the Tribunal in number of other judgments. Reference can be made to following decisions: (i) M/s Moranl Alloys Pvt. Ltd., M/s Unnati Alloys Pvt. Ltd. - Final Order No. 52055-52056/2018-SM dated 29.5.2018; (ii) Synergy Steel Pvt. Ltd. Vs. CGST & CCE, Alwar - Final Order No. 50673/2019 dated 15.3.2019; (iii) Gian Castings Pvt. Ltd. Vs. CCE, Chandigarh - 2015 (319) ELT 339 (Tri.-Del.). 5. On going through the impugned orders, I find that the same set of investigations and the same evidences stand referred .....

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