TMI Blog2008 (7) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... arg, JJ. Shri Kamal Sehgal, Advocate, for the Petitioner. [Order per: Rakesh Kumar Garg, J.]. - The facts of the case are that the respondent is registered with the Department and are engaged in the manufacture of C.R. Strips and are availing Modvat credit on the strength of inputs received from M/s. Majestic Industries Limited. It came to the knowledge of the Department that the respondent-assessee has fradulently availed Modvat credit to the tune of Rs. 2,17,821/- of invoices issued by M/s. Majestic Industries Limited without physically receiving the goods. On physical verification at the premises of the registered dealer, it was found that there were no stocks of goods against the recorded balance of 243 MT of HR/CR Coils/Sheet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder which was dismissed by the Tribunal vide impugned order dated 7-12-2007 on the ground that the Commissioner (Appeals) after going through the evidence produced by the respondent regarding payment of price of inputs, their use in the manufacture of final products which were cleared on payment of duty allowed the benefit and these findings are not under challenge in the appeal. Further, the credit was availed in the year 1996 whereas the present investigation was made in the year 2000. The respondent was filing regularly the RT-12 returns along with necessary documents and, therefore, there is no infirmity in the order passed by the Commissioner (Appeals). The relevant part of the order of the Tribunal is reproduced herein below :- "In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. and transport companies are either fictitious or are not capable of loading huge quantity. Further, as per Rule 57GG of Cenvat Credit Rules no modvatable invoices could be issued until goods were received by the registered dealer: How Such registered dealer could have received the goods without a godown, also non-fulfilment of the conditions of transit sales also point in the direction of issue of invoices without actual movement of goods. Therefore, the question is whether the Tribunal is empowered to set aside the facts which have been proved in the investigation?" 5. We have heard Mr. Kamal Sehgal, learned counsel for the revenue and perused the record. However, we find no force in the contention raised by him. The Tribunal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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