https://www.taxtmi.com/caselaws?id=762356 CESTAT NEW DELHI set aside penalties imposed on company director and general manager for wrong CENVAT credit availment based on fraudulent invoices. The tribunal held that Rule 26(2) of Central Excise Rules applies only to persons who issue fraudulent invoices or abet their issuance, not to those who merely receive such invoices. Since the director and general manager neither issued nor abetted issuing invoices, they were not covered under Rule 26(2). Rule 15A of CCR also did not apply as it provides no provision for imposing penalties on company functionaries. The penalties were imposed without legal authority and could not be sustained. en-us Fri, 29 Nov 2024 00:00:00 +0530 Fri, 29 Nov 2024 12:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762356 CESTAT NEW DELHI set aside penalties imposed on company director and general manager for wrong CENVAT credit availment based on fraudulent invoices. The tribunal held that Rule 26(2) of Central Excise Rules applies only to persons who issue fraudulent invoices or abet their issuance, not to those who merely receive such invoices. Since the director and general manager neither issued nor abetted issuing invoices, they were not covered under Rule 26(2). Rule 15A of CCR also did not apply as it provides no provision for imposing penalties on company functionaries. The penalties were imposed without legal authority and could not be sustained. Case-Laws Central Excise Fri, 29 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762356