9911796707
TMI Blog2009 (10) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... e invoices issued by the first stage dealers on the strength of the Central Excise invoices issued by M/s. I.I.L. Kamleshwar, Nagpur and M/s. I.I.L., Dolvi. Held that- the appellants avail Cenvat credit to the tune of Rs.1.50 crores to Rs.2.50 crores every year. Once the irregularity regarding the availment of the Cenvat credit of Rs.1,31,340/- was brought to their notice, they paid the same along ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready been paid by the appellants and it was contended by the learned Counsel of the appellants that theft challenge is only against the penalty of Rs.1,31,340/- imposed on them. 2. Heard both sides and perused the records. 3. The appellants are engaged in the manufacture of Casting and Cast Articles of steel falling under Chapter 72 of the First Schedule to Central Excise Tariff Act, 1985 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CES/07-08 dated 26-6-2007, the Assistant Commissioner denied the Cenvat credit (already reversed along with interest) amounting to Rs.1,31,340/- and confirmed interest along with equal penalty. The appellants, being aggrieved by Order dated 26-6-2007, filed an appeal before the Commissioner (Appeals), who, by Order-in-Appeal No. RKR (265)188/07 dated 7-11-2007, upheld denial of the Cenvat credit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orded to prove his say in the matter as well as his involvement in the chain. There is no inculpatory statement by the appellants. On the other hand, Shri S.N. Kulkarni, Deputy Manager Admin and Excise of the appellants, vide his letter no. 085/602/72 dated 26-7-06, has submitted that they had placed purchase orders on M/s. Nagpal Steels for supply of M. S. Scrap and according to them 'H.R. Trimmi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10-7-2006. 1 find that no connivance or collusion has been established against the appellants. 7. It is also seen that the appellants avail Cenvat credit to the tune of Rs.1.50 crores to Rs.2.50 crores every year. Once the irregularity regarding the availment of the Cenvat credit of Rs.1,31,340/- was brought to their notice, they paid the same along with the interest. This establishes the bona ..... X X X X Extracts X X X X X X X X Extracts X X X X
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