9911796707
TMI Blog2013 (9) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant second stage dealer – Held that:- Oral statement recorded as stated aforesaid in the course of judicial proceedings u/s 14 of the Act being a valuable piece of evidence that remained un-refuted - Appellant failed to demolish or disturb any of the imputations without leading any cogent evidence to contradict allegations of Revenue - Appellant’s plea that its name did not find place in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to recover the revenue lost due to paper transactions made with M/s. Auto-Tech Engineers, Faridabad (manufacturer/end user) without delivery of goods. Penalty of Rs. 7,90,637/- was imposed on the appellant under Rule 25 (1) of Central Excise Rules, 2002. Investigation further noticed that invoices were merely issued by one Pasondia Steel Profiles Limited to Bhagwati Trading Co. and Ayushi Steel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat it had only received paper credit to pass on to the buyers without physical delivery of goods. This transaction resulted in no payment of excise duty except trading papers to enable the buyers of paper credit to claim Cenvat credit on the input described on the fictitious invoices. 3. Defending adjudication it was submitted by learned consultant for appellant that purchases made by the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority in Para 7 of impugned order has brought out the case of Revenue. When fraud was detected due to mere issuance of Cenvatable invoices to the appellant without delivery of goods and the appellant in turn issued Cenvatable invoice, adjudication was made to which is not interfereable. 5. Heard both sides and perused the record. 6. It was proved case of Revenue that persons who were said t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me did not find place in statements recorded as aforesaid is of no significance when the supplier of goods denied supply of goods to it. Accordingly, the appellant was beneficiary of the fraud perpetuated against Revenue and fraud vitiating solemn act brings the appellant to penal consequence of law. The appellant is, therefore, not entitled to enjoy any immunity from penalty. Accordingly, adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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