2005 (11) TMI 422

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....ndent. [Order per : S.S. Kang, Vice-President]. -  Heard both sides. 2. The appellant filed this appeal against the impugned order whereby the penalty of Rs. 10 lakhs was imposed under Section 173Q of Central Excise Rules. The penalty was imposed on the ground that on the fake invoices issued by the appellant M/s. Ambica Steels availed the credit of Rs. 97,233/-. 3. The contenti....

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....nt is not sustainable. 4. The contention of the Revenue is that M/s. Ambica Steels availed the credit on the basis of fake invoices issued by the appellant, therefore, they are liable to penal action. 5. In this case, the allegation is that on the strength of fake invoices issued by the appellant M/s. Ambica Steels availed the credit. The business premises of the appellant was searched....