TaxTMI 
TaxTMI 
2011 (10) TMI 69
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....llowing order : "(i) I hereby order that Rs. 2,60,309/- (Rupees two lakhs sixty thousand three hundred and nine) is to be recovered from M/s GS Alloy Castings Ltd., Unit-II, Surampalli towards the wrong credit availed by them fraudulently under rule 14 of Cenvat Credit Rules, 2004 read with section 11A of Central Excise Act 1944 and the amount of Rs. 2,60,309/- already paid by them is hereby appropriated against the above demand. (ii) I hereby order that interest at applicable rate shall be paid by M/s GS Alloy Castings Ltd., Unit-II, under rule 14 Cenvat Credit Rules 2004 read with section 11AB of Central Excise Act, 1944. (iii) I hereby impose a penalty of Rs. 2,60,309/- (Rupees two lakhs sixty thousand three hundred and nine) u....
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....ts relied upon by the respondent before the adjudicating authority. Obviously, the appellate authority allowed the party to adduce fresh evidence at the appellate stage. 2. In appeal No. E/1982/2010, I find that the order passed by the Commissioner (Appeals) is not sustainable in law. The respondent in this appeal had taken CENVAT credit in April 2008 on four invoices issued by M/s Sri Tirumala Steel Rolling Mill Pvt. Ltd. The invoices described the goods as 'CE billets'. The Managing Director of the supplier-company described the goods as 'Crop End billets'. The respondent claimed that they received scrap under cover of the said invoices from M/s Sri Tirumala Steel Rolling Mill Pvt. Ltd. The show-cause notice issued by the de....
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....td.). The material was described as 'CE billets' in those invoices whereas the respondent had placed orders for supply of scrap. It is further stated that 'CE billets' mentioned in the invoices were not physically received in the respondent's factory. It is stated that, even according to the affidavit, what was transported from the premises of the input supplier to the premises of the respondent was scrap and not 'CE billets'. The learned DR has focused on these aspects mentioned in the memo of appeal and has urged that the impugned order be set aside. 4. The learned Counsel for M/s GS Alloy Castings Ltd. has argued in support of the appellate Commissioner's decision. There is no representation for Shri Ashok Garg who has sought adj....