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TMI Blog2011 (11) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that the credit was taken on the basis of invoices issued by non-existent suppliers and hence denied and penalty equal to the amount of duty was also imposed. On an appeal filed by the respondent, the Commissioner (Appeals) reduced the penalty to Rs.20,000/- and hence Department is in appeal. 2. Nobody is present on behalf of the respondents. However, written submissions have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at 2008 (232) ELT 663 (Tri-Ahmd), and the decision of Hon'ble Supreme Court in the case of CCE (Preventive) Vs Aafloat Textiles (I) Pvt.Ltd. 2009 (235) ELT 587 (S.C.). In the written submissions, the respondents have submitted that they have received the grey fabrics and they also submitted that the Assistant Commissioner, while imposing penalty under Section 11AC, had not given any finding and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the suppliers were existing. When there are no suppliers, the question arises how the fabrics were received and how the invoices were issued. Further, it is also to be noted that it is the obligation of the assessee that he takes precautions under Rule and then only take credit. Once he does not take precautions as required under Rule and it is established that he did not take such precaution, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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