9911796707
TMI Blog2013 (9) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Co. and M/s. Ayushi Steel Co. Ltd., who were first stage dealer under Central Excise Act, 1944 merely issued cenvatable invoices to the appellant a second stage dealer without supplying any goods, Revenue proceeded against the appellant 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as the appellant was merely paper transactions with intent to pass on Cenvat credit to the buyers of those papers without delivery of goods. Shri Lalit Goel, Proprietor of Nidhi Enterprises which is the appellant firm confirmed that 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any evidence directly imputing the appellant to the charge adjudication was not sustainable for which penalty of Rs. 7,90,637/- is not imposable on the appellant. 4. Revenue supports adjudication and brings out that learned appellate authority 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 witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... buyer claimed Cenvat credit causing loss to Revenue by the designed fraud as a member of the racket. Plea of supply of goods was proved to be false and transactions flowing therefrom proved to be bubbles. Appellant's plea that its name 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 wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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