2015 (10) TMI 1940

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..... om whom the input or capital goods have been procured is recorded and the burden of proof regarding admissibility of the Cenvat credit shall lie upon the manufacturer or provider of output service taking such credit. The only way the burden of proof can be discharged is to show that the invoices are in accordance with law, inputs have been received, accounted for and have suffered duty. The appellants are able to show only invoice and nothing else. When the burden of proof is clearly on the assessee and when he fails to discharge the same, there is no other option but to make the assessee to reverse the credit or if the credit is not available, to make the payment. In this view of the matter, we find that appellant has failed to make out pr .....

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..... the input and capital goods in which the relevant information recording the value, duty paid, Cenvat credit taken and utilized, the person from whom the input or capital goods have been procured is recorded and the burden of proof regarding admissibility of the Cenvat credit shall lie upon the manufacturer or provider of output service taking such credit. The only way the burden of proof can be discharged is to show that the invoices are in accordance with law, inputs have been received, accounted for and have suffered duty. The appellants are able to show only invoice and nothing else. When the burden of proof is clearly on the assessee and when he fails to discharge the same, there is no other option but to make the assessee to reverse th .....

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..... case, we have to be conscious of the fact that the aspect as to whether such Cenvat credit taken by the appellant was subsequently reversed was not argued before us nor pressed. Therefore, in our opinion, in this case if the appellant deposits Cenvat credit availed by them with interest that would be sufficient. Accordingly, appellant is directed to deposit the entire amount of Cenvat credit with interest within eight weeks and report compliance on 10-6-2014. 7. At this stage, we have to consider whether the Managing Director who is the second appellant is also required to deposit the amount. From the records, we find that the Managing Director has clearly admitted that these transactions were only made for turnover purpose without any .....

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