2010 (3) TMI 549

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....y of allegedly wrongly taken Cenvat credit amounting to Rs. 9,586/- alongwith interest which has been taken on the basis of an invoice issued by M/s. Golden Steel Company. The Department's allegation was that the invoice issued by M/s. Golden Steel Company is not invoice issued by the 1st stage dealer or second stage dealer or a manufacturer and hence not a valid duty paying document for taking Cenvat credit. The show cause notice also sought imposition of penalty on the respondent company under Rule 15(2) Cenvat Credit Rules, 2004 and also on M/s. Golden Steel Company on the basis of whose invoice Cenvat credit has been taken, and M/s. Gautam Steel Traders who had sold the goods to M/s. Golden Steel Company. The show cause notice was adjud....

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....to M/s. Rameshwar Das Devi Dayal, the intending agent and M/s. Gautam Steel Trader has purchased the goods from M/s. Rameshwar Das Devi Dayal, and the Respondent had purchased the goods from M/s. Golden Steel Company who in turn had purchased the goods from M/s. Gautam Steel Trader, M/s. Golden Steel Company cannot be treated as "second stage dealer" and accordingly the invoice issued by them to the respondent is not a valid document for taking Cenvat credit. In this regard, he also emphasized the definition of "first stage dealer" and "second stage dealer" as given in the Cenvat Credit Rules, 2004. He, therefore, pleaded that the impugned order is not correct. 4. I have carefully considered the submissions of the learned Departmental Repr....