2005 (11) TMI 422 - AT - Central Excise

Summary

Issues:
- Imposition of penalty under Section 173Q of Central Excise Rules based on fake invoices issued by the appellant.
- Jurisdictional concerns regarding separate proceedings against M/s. Ambica Steels.
- Allegation of M/s. Ambica Steels availing credit on the basis of fake invoices issued by the appellant.
- Lack of evidence showing the appellant issued the fake invoices.

Analysis:
The appellant filed an appeal against the imposition of a penalty of Rs. 10 lakhs under Section 173Q of Central Excise Rules, based on fake invoices issued by them, which allowed M/s. Ambica Steels to avail credit of Rs. 97,233. The appellant argued that no demand was made against M/s. Ambica Steels in the show-cause notice, and the adjudicating authority noted that separate proceedings should be initiated against M/s. Ambica Steels as they were not under the same jurisdiction. The appellant contended that the fake invoices were not issued by them, as their business premises were found closed during a search by Revenue officers. They claimed that M/s. Ambica Steels, who benefited from the credit, was not involved in the proceedings, making the penalty on the appellant unjustifiable.

The Revenue's position was that M/s. Ambica Steels availed credit based on the fake invoices issued by the appellant, holding them accountable for penal action. However, the appellant consistently denied issuing the fake invoices and presented no evidence linking them to the issuance, especially since M/s. Ambica Steels was not part of the ongoing proceedings. The investigation revealed that the appellant's premises were inactive, further casting doubt on their involvement in the issuance of the fake invoices. Ultimately, the Tribunal found the penalty imposed on the appellant unsustainable due to the lack of evidence connecting them to the fake invoices, leading to the appeal being allowed and the penalty set aside.

This judgment highlights the importance of establishing a clear link between the party issuing fake invoices and the party benefiting from them in cases involving penalties under Central Excise Rules. It also underscores the necessity of jurisdictional clarity when initiating proceedings against different entities involved in such transactions to ensure fair and justified outcomes.