2010 (2) TMI 552

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..... - of Cenvat credit had been wrongly availed - no corroboration by the Revenue during the investigation - part of the statement is in favour of the Revenue and part of it not - to be believed then it has to be believed in entirety – Held that: - Tribunal was right in coming to the conclusion that even as per the statement the transaction of purchase of goods and its receipt in the factory are genu .....

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..... d information that one M/s. R.K. Enterprises is fraudulently passing on Cenvat credit by issuing invoices, which are not accompanied by goods. Shri R.K. Gupta, Proprietor of M/s R.K. Enterprises revealed that he passed on Cenvat credit to some manufacturers and dealers without actually transacting goods. Shri R.K. Gupta in his statement recorded under Section 14 of the Central Excise Act, 1944 adm .....

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..... he orders of the adjudicating authority. Aggrieved by the orders of authorities above, the respondents filed appeal before the Tribunal and the Tribunal vide order dated 13-5-2002 set aside the orders of the Commissioner (Appeals) and thereby allowed both the appeals filed by respondent Nos. 1 and 2. Thereupon, the Revenue challenged the Tribunal's orders and filed the instant appeal which was adm .....

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..... ment of Shri R.K. Gupta should be taken into consideration and not only part of it. There is no dispute about the proposition that the Courts can disengage the truth from the falsehood of the statement of a person. The person may speak partly true and partly false. The grain can be separated from the chaff but in the instant case, except for the statement of Shri R.K. Gupta, there is no corroborat .....

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..... was right in coming to the conclusion that even as per the statement of Shri R.K. Gupta, the transaction of purchase of copper rod and its receipt in the factory are genuine. Moreover, the Tribunal has given a finding on the question of fact which is plausible. The findings of the Tribunal are based on material on record. 5. In view of the above, the question of law as posed in this appeal is an .....

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