9911796707
TMI Blog2013 (11) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... istered dealer dealing in brass scrap. The allegation against them is that in two separate transactions during period prior to 01.03.2007, they issued invoices to manufacturers without actually selling any goods and thereby enabled the manufactures to avail the Cenvat Credit without supply of the goods. The Cenvat Credit passed on is Rs. 56,971/- and 88,671/-. After issue of Show Cause Notice, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to manufacturers to enable them to avail Cenvat Credit without actually supplying any goods. Against these orders of the Commissioner (Appeals) the Revenue has filed these two appeals. The respondent have filed Cross Objections. 2. Heard both the sides. 3. None appeared for the respondent though a notice for hearing had been sent to them. In view of this, so far as the respondent are concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such persons is not correct. 5. I have considered the submissions of the learned DR and have perused the records. In this case, the respondent, a second stage registered dealer, had issued invoices passing on the Cenvat Credit of Rs. 56,971/- and 88,671/- in respect of brass scrap supply to a manufacturers without actually supplying any material. The goods claimed to have supplied by the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to 01.03.07 when the transactions had taken place. The Commissioner (Appeals) has set aside the penalty on the ground that prior to 01.03.07 there was no provision for imposition of penalty under Rule 26 in respect of such transactions of issue of bogus cenvatable invoices and specific provision for imposition of penalty for such offence were made by introducing sub Rule(2) to Rule 26 of Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant issued invoices without delivery of goods with intent to enable evasion of duty to which effect a finding has been recorded and which finding has not been challenged. We are, thus, unable to hold that appellant was not liable to pay any penalty. 6. In view of the above ruling of the Hon'ble Punjab & Haryana High Court I am of the view that impugned order is not sustainable. The same is set as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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