9911796707
TMI Blog2014 (2) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... mes of the companies which were found non-existent. Based on the evidences available on record, the charge against the appellant Shri Mukesh Sangla stands clearly established. Therefore, the appellant has not made out a case for complete waiver of pre-deposit of the penalty imposed on him. The fact that the main appellant has made pre-deposit and the same should be considered as sufficient for hearing the appeal of the present appellant, has no legal basis. Since prima facie Shri Mukesh Sangla is found instrumental in issuing the bogus invoices, we direct him to pre-deposit an amount of Rs.1 lakh within a period of six weeks towards the penalty imposed on him and report compliance on 1.1.2014. On such compliance, pre-deposit of balance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that there is no corroborative evidence which has been adduced by the investigation with respect to charge against the appellant and, therefore, the impugned order is not sustainable in law. Secondly, it is argued that it was M/s Signet Overseas Ltd. in whose name the invoices have been issued and the appellant is only Managing Director of the said firm. Therefore, the benefit of the transaction can only be for the firm and not the Managing Director; hence the imposition of penalty on the Managing Director is not justified. He further submits that the cash transactions referred to in the investigation report and the show-cause notice pertains to similar goods sold by the appellant and not at all to the supplies made to M/s Tulsi Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Shri Kirti Kala, Cashier recorded on 8.3.2009 as also of Shri Paras Patidar, Marketing Manager of M/s Signet Overseas Ltd. dated 22.2.2009, also confirmed the issue of cenvatable invoices without supply of goods. From these statements also it comes out that this has been done on instruction of Shri Mukesh Sangla, the MD. The investigation has also brought on record that LRs issued for transportation of goods were in names of the companies which were found non-existent. Based on the evidences available on record, the charge against the appellant Shri Mukesh Sangla stands clearly established. Therefore, the appellant has not made out a case for complete waiver of pre-deposit of the penalty imposed on him. The fact that the main appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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