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TMI Blog2009 (10) TMI 812X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner (Appeals) No. 73/C.E./APPL/DLH-IV/2007 dated 13-7-2007 2. Heard both sides. 3. The relevant facts, in brief, are that the appellant was a registered dealer under Rule 9 of the Central Excise Rules for the purpose of receiving the duty paid goods and passing on the Cenvat credit to the manufacturer either directly or through second stage dealer. When the officers visited the registered pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, 2002. On appeal, the Commissioner (Appeals) partly allowed the appeal by setting aside the penalty imposed under Rule 13 of erstwhile Cenvat Credit Rules, 2002 while upholding the penalty imposed under Rule 25 of the Central Excise Rules, 2002. 4. Learned Consultant for the appellants submits that they have not passed on the credit on the quantity found short to anybody and therefore, no los ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E., Mumbai-I reported in 2007 (214) E.L.T. 53 (Tri-Ahmd.) and the decision of the Tribunal in the case of C.C.E., Chandigarh v. Ashish Gupta reported in 2009 (240) E.L.T. 390 (Tri.-Del.). 5. Learned DR reiterates the finding of the Commissioner (Appeals) and adds that but for the investigation commenced by the officers the credit would have been passed on illegally by issuing only invoices. He s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t bills which is highly irresponsible and outrageous. This is not the purpose for which a dealer is allowed registration. The provision of Rule 11 of the Central Excise Rules relating to issue of invoice is clearly applicable in terms of Rule 11(7) to the first stage dealer as well as second stage dealer. The failure of the appellant in not issuing invoices for goods sold by them clearly stands ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear case of registered dealer admittedly failing in their obligation in accounting the goods received by them. As already observed, accounting does not merely mean accounting in RG-23D but accounting the disposal of the goods as permitted under the Rules. As there is a clear violation on the part of the registered dealer, the order of the Commissioner (Appeals) in upholding the penalty of Rs. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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