2005 (6) TMI 554

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..... ena, SDR for Respondent Per Ms. Jyoti Balasundaram : Vide the impugned order, the Commissioner of Central Excise, Mumbai, has disallowed rnodvat credit of ₹ 42,74,268.50 taken by M/s. Singhal Swarup Ispat Ltd. (hereinafter referred to as SSIL) who are engaged in the manufacture of mild steel ingots, on the basis of fake duty paid documents in respect of 6967.580 MT of M.S. scrap and .....

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..... - ₹ 50,000/- 2. Modvat credit of the amounts as above mentioned has been disallowed and recovery thereof directed on the ground that M/s. SSIL were using fake documents such as invoices and gate passes supplied by certain traders, without receiving any goods under such documents. In other words, the case of department is that credit was availed only on the basis of documents without act .....

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..... s. SSIL in terms of Rule 173Q also requires to be upheld and we order accordingly. As regards penalties under Rule 209A on the directors of SSIL and the various traders, we find force in the plea put forth by the learned counsel for M/s. Vikas Metal Works (who are alleged to have supplied two invoices, viz. invoice Nos. 11 and 20 to SSIL to facilitate M/s. SSIL to take credit wrongly) and A.V. Sha .....

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