TMI Blog2022 (12) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... s case also applying the same ratio penalty is sustainable and appeals are liable to be dismissed. Therefore, in the present case also the appellant was rightly imposed the penalty under Rule, 26(2)(i). As regard Topline Switchgear P Ltd and Riddhi Steel Tube Ltd., as per the facts discussed by the Adjudicating Authority, it was found that only invoices were issued and no goods were supplied. Therefore, it is establish that all the three appellants have helped M./s Archon for availing the fraudulent Cenvat credit. Accordingly, there are no infirmity in the impugned order imposing penalty under Rule, 26(2)(i) of Central Excise Rules, 2002. Penalties upheld - appeal dismissed. - EXCISE Appeal No. 12273 of 2019, EXCISE Appeal No. 124 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty is sustainable and appeals are liable to be dismissed. 4. I have carefully considered the submission made by learned AR and perused the records. I find that on all the appellants penalty under Rule 26(2)(i) of Central Excise Rules, 2002 was imposed for the charge of facilitating on the process of fraudulent passing of credit to M./s Archon. The Adjudicating Authority for imposition of penalty given the following finding: Balalji Logistic In this case the penalty was imposed on the appellants for the reason that they have provided the blank LR, which has supported M./s Archon to avail Cenvat credit on the strength of invoices issued by M/s Accord in fraudulent manner. Therefore, the appellants has rendered himself lia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rter. On scrutiny of Transport documents withdrawn under the aforementioned panchnama issued by M/s Safari Carriers for transport of H. R. Coil from M/s Riddhi to M/s Archon, it was observed that there were no transport bills in relation to H. R. Coil Slitted Coil from M/s Riddhi to M/s Archon available on record However, other LR transaction of Pipe from M/s Archon to M/s Riddhi through M/s Safari was mentioned on the bill raised by M/s Safari to M/s Riddhi. Further, there was no test report found available in the record of M/s Archon withdrawn under panchnama dated 09.09.2014 and 11-12/09/2013 for the goods mentioned on the aforesaid invoices issued by M/s Riddhi against the receipt of H R Coil Slitted Coil received in relevant period ..... X X X X Extracts X X X X X X X X Extracts X X X X
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