2012 (1) TMI 301 - AT - Central Excise

Summary

Issues Involved:
The main issues in the judgment are the proprietorship of M/s. Maruti Enterprises, the validity of Cenvat credit availed, and the imposition of penalty under Rule 13(2) of Cenvat Credit Rules, 2004.

Proprietorship of M/s. Maruti Enterprises:
The appellant contested that Shri K.K. Gupta was not the proprietor of M/s. Maruti Enterprises, providing evidence such as bank account opening forms and registration documents. However, statements from authorized signatories and the transfer of funds between accounts indicated otherwise, leading to the conclusion that Shri Kishan Kachurulal Gupta and Shri Krishanakumar Kachurulal Gupta are the same person and the proprietor of M/s. Maruti Enterprises.

Validity of Cenvat Credit:
The investigation revealed paper transactions and invoices from non-existent firms, with no actual movement of goods or value addition. The appellant failed to provide any evidence contradicting these findings, indicating the admission of such fraudulent transactions.

Imposition of Penalty:
The adjudicating authority found that the appellant had fraudulently obtained Central Excise registration and misdeclared facts to evade duty payment. Citing legal precedents, it was determined that the appellant had knowingly committed fraud by availing Cenvat credit without verifying the genuineness of documents, leading to the imposition of penalty under Rule 13(2) of Cenvat Credit Rules, 2004.

In conclusion, the appeal filed by the appellant was rejected, upholding the Order-in-Original that held Shri Krishanakumar Kachurulal Gupta liable to pay interest and penalty for fraudulently availing Cenvat credit.