TaxTMI 
TaxTMI 
2013 (8) TMI 27
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....ts that the order passed by the tribunal is perverse as it has been wrongly recorded that four units from whom the appellant had made purchases and claimed Modvat credit were found to be fictitious. In fact two units were found to be fictitious and two units were in existence. He further submits that statements of Sunil Kejriwal and K.C. Kejriwal recorded under Section 14 of the Central Excise Act, 1944 have been relied but they were not produced and made available for cross-examination. 3. We do not find the impugned order passed by the tribunal to be perverse. This is the third round and the years involved are 1991 and 1992. Earlier the tribunal vide order dated 22nd January, 2003 had directed the Revenue to furnish copy of requisite d....
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....formed that witnesses are not traceable. He submitted that he had nothing else to state. 24. On this basis the procedure under section 37C was adopted. Since Shri K.C. Kejriwal and Shri Sunil Kejriwal were not available, the PH letter was pasted at the residential premises. However, one Shri Gopi Krishan Kejriwal vide his letter dated 24.05.2008 informed to this office that both of them left the premises 8-9 years back and the premises was now owned by him. 25. The date of PH was again fixed on 14.07.2008 and 22.10.2008. The case was again posted for hearing on 05.11.2008. Shri P.C. Jain, Advocate appeared for the PH and submitted his written reply and reiterated the same. He further stated that the statement of Shri Sunil Kejriwal ca....
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....s and M/s Priyanka Metals and on scrutiny of records, it came to the knowledge of the department that the appellant had wrongly availed Modvat credit on fictitious and wrong invoices issued by the said concerns. Transporters were also interrogated and they confirmed that copper rods/bars were not transported to M/s Kejriwal Enterprises and M/s Priyanka Metals. The appellant had availed of Modvat credit on alleged supplies received from the said units. They could have shown and established how they approached, were introduced to the brokers/agents, goods were transported etc. Adjudication order against M/s Kejriwal Enterprises has been confirmed by the tribunal accepting the position that they had not been manufacturing wires etc. and had fr....
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....uch necessary enquiries and to ascertain all the facts relating to the property to be purchased prior to committing in any manner. 23. Caveat emptor, qui ignorare non debuit quod jus alienum emit. A. maxim meaning ''Let a purchaser beware; who ought not to be ignorant that he is purchasing the rights of another. Hob. 99; Broom; Co., Litl: 102 a: 3 Taunt. 439. 24. As the maxim applies, with certain specific restrictions, not only to the quality of, but also to the title to, land which is sold, the purchaser is generally bound to view the land and to enquire after and inspect the title-deeds; at his peril if he does not. 25. Upon a sale of goods the general rule with regard to. their nature or quality is caveat emptor, so that in the....