2016 (11) TMI 1392 - AT - Central Excise

Imposition of penalty - it was alleged that appellant had issued invoices to manufacturers without supply of materials and thus abetted in availing fraudulent credit - appellant case is that appellant is a co-noticee in the proceedings of which notice was issued against M/s Sri Laxmi Industries - Held that - Taking note of the fact that the Tribunal after analyzing the evidence in the case of main appellant has set aside the impugned order, the demand and penalty imposed in the present appeal is also unsustainable - appeal allowed - decided in favor of appellant.

Summary

The appellate tribunal in Hyderabad set aside the penalty imposed on the appellant for issuing invoices without supplying materials, based on the decision in a related case involving M/s Sri Laxmi Industries. The appeal was allowed, and the impugned order was deemed unsustainable.