2009 (7) TMI 1207 - AT - Central Excise

Summary

Issues Involved: Common issue of penalties imposed for issuing invoices without supplying material.

Summary:
The appellants, registered dealers, faced penalties for issuing invoices without supplying material. The Advocate argued that relevant records proved goods were supplied with invoices, citing a Tribunal decision. The Revenue contended that invoices mentioned two-wheeler vehicle numbers and lacked evidence of material supply, referring to another Tribunal decision. The Commissioner (Appeals) initially set aside penalties based on news reports but later reversed due to ongoing malpractice. The Tribunal emphasized that penalties cannot rely solely on news reports and noted the need for examining evidence. Following a previous decision, the Tribunal shifted the burden to the appellants to prove receipt and use of duty-paid goods. Consequently, the impugned orders were set aside, and matters remanded for fresh adjudication based on the Tribunal's decision.

Separate Judgment: None.