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2018 (4) TMI 1086

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..... he Respondent(s): Sh. H. Singh Per: Ashok Jindal The appellants are in appeal against the impugned order as issue involved in both the appeals is common, therefore, both are disposed by a common order. 2. The facts of the case are that appellants were engaged in manufacture of alloy and non-alloy steel ingots. They procured the raw material from the manufactures of M/s Aggarwal Steel Rolling Mi .....

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..... the registered dealer and further between the dealer and appellants were only to avail the Cenvat credit without actual receipt of goods and M/s ASRM have diverted best quality of goods. Accordingly, the proceedings were initiated against the appellant for denial of Cenvat credit on the goods manufactured by ASRM. The authorities below have denied the Cenvat credit to the appellants, consequently .....

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..... through the impugned order, I find that entire case of the Revenue is based upon the financial calculation of profit and loss of the manufacturing unit. In fact, Commissioner (Appeals) has observed that circumstances evidence produced on record leads to inevitable fact that M/s ASRM was only selling cenvatable invoices without supply goods. Inasmuch as no retailer can survive if more that 80% of .....

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..... of proper cenvatble invoices. Statements of under the cover of proper cenvatable invoices. Statements of representative of the M/s ASRM is to the effect that during the relevant period lot of their product came out to be defective and rejected and as such, same was sold after discharging the central excise duty leviable thereon. Admittedly, the appellant need the raw material for the production o .....

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