2011 (6) TMI 425 - AT - Central Excise

Duty imposed on ground that supplier of registered dealer of assessee issued only invoices based on certain bills of entries without actually supplying the goods to registered dealer - Held that - No evidence is found that the appellants were aware that Ganpati Trade Link has only issued the documents without supplying the goods - Decided in favor of assessee.

Summary

Issues: Dispute over penalty imposition in a case involving receipt of inputs from a dealer who issued invoices without supplying goods.

Analysis:
The judgment delivered by Mr. M. Veeraiyan at the Appellate Tribunal CESTAT, Delhi, involved a case where the appellant did not contest the demand of duty and interest but sought relief from the penalty imposed. The appellant had received inputs from a registered dealer at Ludhiana, who, as per records, had sourced the inputs from Ganpati Trade Link, Delhi. However, an investigation revealed that Ganpati Trade Link had issued invoices based on bills of entries without actually supplying the goods to the registered dealer in Jalandhar from whom the appellants had made the purchase. The representative of Ganpati Trade Link refused to verify the authenticity of the statement recorded.

The appellant's advocate cited precedents from Tribunal cases to argue against sustaining the penalty. After examining the records and hearing both sides, Mr. M. Veeraiyan found no evidence to suggest that the appellants were aware of Ganpati Trade Link's actions of issuing documents without supplying goods. No additional evidence was presented to establish such knowledge on the part of the appellants. Consequently, the imposition of the penalty on the appellants was deemed unjustified.

In the final disposition of the appeal, the Tribunal upheld the demand of duty and interest, which had already been paid and uncontested. However, the penalty imposed on the appellants was set aside based on the lack of evidence demonstrating their awareness of the dealer's actions.