2011 (3) TMI 1122

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....by a registered dealer - M/s. M.S. Metals for imported copper scrap. As per the details given on these invoices, the copper scrap had been procured by M/s. M.S. Metals from M/s. Sulabh Impex who were the original importer and that the scrap supplied by M/s. M.S. Metal to the appellant was out of the stock of scrap received by M/s. M.S. Metal from Sulabh Impex under Invoice No.26 dated 23.9.2003 and Invoice No.43 dated 20.10.2003. On inquiry with Shri Rishabh Jain, Director of the appellant company, he claimed that he had received copper scrap in question, from M/s. M.S. Metal and on inquiry with Shri Sanjay Jain, Proprietor of M/s. M.S. Metal, he also claimed that the scrap supplied by him to the appellant, had been received by him from M/s....

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.... that the present appeal has been filed,   2. Heard both the sides.   3. Shri Y. K. Kumar, Advocate, ld. Counsel for the appellants, pleaded that the entire case of the department is based on the statement of Shri Sunil Kumar Mittal, Proprietor of Sulabh Impex Inc. and statement of Shri Lalit Kumar of Sulabh Impex, that Shri Rishabh Jain, Director of the appellant company, in his statement had clearly stated that scrap had been received by their company under the Invoice No.347 dated 24.09.2003 and Invoice No.393 dated 22.102.2003 and similarly, Shri Sanjay Jain, Proprietor of M/s. M.S. Metals has also stated that the goods had been supplied under the invoices issued to the appellants, that no inquiry has been made by the de....

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....pective statements had categorically stated that the brass scrap imported in their name was never received by them and was received in the godown owned by Shri Narendera Aggarwal and that against the import documents, they had issued Cenvatable invoices but the goods did not accompany the invoices, that Shri Mittal also stated that while he used to receive the payment by cheque against the invoices issued by him, he used to return the amount in cash after deducting his commission, that in view of the categorical statements of Shri Sunil Kumar Mittal and Shri Lalit Kumar, it is clear that no material had been supplied by M/s. Sulabh Impex to M/s. M.S. Metal and hence, M/s. M.S. Metal could not have supplied any scrap to the appellant out of ....