9911796707
TMI Blog2023 (12) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... oner : Mr. Abhas Mishra & Ms. Neha Singhal, Advs For the Respondent : Mr. Arjun Jain & Ms. Simran Kumari Advs. For Ms. Anushree Narain, SC ORDER 1. This appeal is directed against the order dated 26 October 2017 and in terms of which the Customs Excise & Service Tax Tribunal ['CESTAT'] has upheld the view canvassed by the Department and against the assessee. The solitary question which appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issible." 3. The contention which was however addressed by the appellant was that even if credit had been availed albeit fraudulently, the same would stand reversed at the time of issuance of invoices. This understanding of a reversal of credit is what has been answered against the appellant by the CESTAT as would be evident from the following passages of the decision:- "14. The expression "re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such person is a manufacturer who claims credit of duty shown to be paid in the invoice, for paying his duty liability. There is hardly any comparison among the three situations, namely:- i) Reversal of credit by making debit entries in the credit account without issue of any invoice showing utilization of the debited amount; ii) Reversal of credit by issue of invoice when input received in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued for transfer of credit and no goods have accompanied such invoices. In addition to such inculpatory statements, the investigations undertaken by revenue has conclusively established that the registration number of various vehicles shown in the invoices are vehicles such as private cars, auto rikshaw, etc. which are incapable or transporting the goods said to be covered by tile invoice. Verifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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