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TMI Blog2015 (10) TMI 2194X X X X Extracts X X X X X X X X Extracts X X X X ..... ayan Singh proprietor of M/s Deepak Processors in his statement Dated 29.04.2008 has also admitted that CENVAT credit was availed on fraudulent documents without receipt of goods. Adjudicating Authority after going through all the relying upon documents and statements have come to the conclusion that M/s Sai Textiles, Surat has issued invoices without physically transacting in goods and passed on only CENVAT credit to M/s Deepak Processors. - Decided against assessee. - Appeal No : E/1407/2011 - Order No. A/10924 / 2015 - Dated:- 25-6-2015 - MR. H.K., J. For The Appellant : Shri Naveen Gheewala, Consultant For The Respondent : Shri Govind Jha, Authorised Representative Per: H.K. Thakur This appeal has been filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the first appellate authority, where similarly placed appellant was held to be not liable to penalty. 3. Shri Govind Jha, (AR) appearing on behalf of the Revneue argued that appellant clearly admitted during the course of investigation that no goods were supplied against the duty paid documents for which M/s Deepak Processors took credit and claimed rebates of ₹ 24,21,201/-. Learned AR made the Bench go through the statement of Shri Awadh Narayan Singh proprietor of M/s Deepak Processors, where in his statement Dated 29.04.2008, he has admitted that CENVAT credit was availed by M/s Deepak Processors on fraudulent documents, which were not actually for purchase of any inputs and that no duty has been paid by M/s Deepak Processors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s Deepak Processors has not filed any appeal against the said OIO. It is observed that M/s. Deepak Proceessors availed CENVAT credit without receipt of goods. Subsequently, rebate claims of ₹ 24,21,201/- filed by M/s Deepak Processors were also rejected by the Adjudicating Authority under Section 11 B of the Central Excise Act, 1944. It is also not correct that penalty against the appellant is solely based upon his statement because Shri Awadh Narayan Singh proprietor of M/s Deepak Processors in his statement Dated 29.04.2008 has also admitted that CENVAT credit was availed on fraudulent documents without receipt of goods. Adjudicating Authority after going through all the relying upon documents and statements have come to the conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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