2015 (10) TMI 2194 - AT - Central Excise

Denial of CENVAT credit - Bogus invoices - Issue of invoices without actual supply of goods - Held that - The main party M/s Deepak Processors has not filed any appeal against the said OIO. It is observed that M/s. Deepak Proceessors availed CENVAT credit without receipt of goods. Subsequently, rebate claims of ₹ 24,21,201/- filed by M/s Deepak Processors were also rejected by the Adjudicating Authority under Section 11 B of the Central Excise Act, 1944. It is also not correct that penalty against the appellant is solely based upon his statement because Shri Awadh Narayan Singh proprietor of M/s Deepak Processors in his statement Dated 29.04.2008 has also admitted that CENVAT credit was availed on fraudulent documents without receipt of goods. Adjudicating Authority after going through all the relying upon documents and statements have come to the conclusion that M/s Sai Textiles, Surat has issued invoices without physically transacting in goods and passed on only CENVAT credit to M/s Deepak Processors. - Decided against assessee.

Summary

Issues:
Penalty imposition on the appellant for alleged fraudulent activities related to CENVAT credit claimed by another party.

Detailed Analysis:
The appellant argued that proper documents were supplied to M/s. Deepak Processors, Surat, and that no evidence was presented to prove that goods were not supplied, relying on relevant case law. The appellant emphasized the need for positive evidence to establish evasion and highlighted that oral statements should not override documentary evidence. Additionally, the first appellate authority's decision in a similar case was cited to support the appellant's position.

On the other hand, the Revenue contended that the appellant admitted during the investigation that no goods were supplied against duty paid documents, leading to fraudulent CENVAT credit claims by M/s. Deepak Processors. The Revenue presented statements and evidence suggesting that the appellant issued fictitious invoices, allowing the wrongful transfer of CENVAT credit. Reference was made to a case law supporting the admissibility of statements recorded by Central Excise officers.

After hearing both arguments and examining the case records, the Tribunal considered whether the penalty imposed on the appellant was justified. The appellant maintained that no penalty should apply as grey fabric was supplied under CENVAT paid documents, and no diversion of materials was proven. The Tribunal noted that the main party, M/s. Deepak Processors, had availed CENVAT credit without receiving goods and had rebate claims rejected. The Tribunal emphasized that the penalty was not solely based on the appellant's statement but also on evidence indicating the issuance of invoices without actual transactions.

Furthermore, the appellant referenced a previous order involving a different party where some rebate claims were deemed proper, leading to the non-imposition of a penalty on the director. However, in the current case, no valid rebate claims were established for M/s. Deepak Processors, the primary offender who did not file an appeal.

Based on the evidence, case law, and arguments presented, the Tribunal upheld the Adjudicating Authority's decision, concluding that there was no justification to overturn the penalty imposed on the appellant. Therefore, the appeal filed by the appellant was rejected.