2013 (11) TMI 1290

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.... on the appellants. 2. The brief facts of the case are appellants are engaged in the manufacture of lead ingots and ingots alloys falling under chapter 78 of Central Excise Tariff Act, 1985. The factory premises of the appellants were visited by the central excise officers on 22.10.2010. Shri Shyamlendu Nag, authorized signatory was present. Shri Puneet Bhandari and V.K.Bhandari were two directors of the firms and were not available at that time. During the check, it was found that the assessee has shown receipt of huge quantity of lead ingots and lead scrap from Punjab Metal Works & Alloys (India), Bhiwadi (a first stage dealer) and also from other dealers/suppliers. It is seen from the statements dated 20.10.2010 of Shri Shyamlendu Nag....

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....ed that the assessee had availed cenvat credit amounting to Rs.1,42,93,854/- on the basis of invoices issued by M/s. Punjab Metal Works & Alloys (India) without receiving any goods in their factory. 5. Further, on checking computer installed in the office situated in the factory premises of the assessee, it was noticed that there were entries of some invoices which contained details of goods cleared from the factory. On scrutiny, the same were not found tallied with the statutory records. Later on from perusal of year wise records, out of 27 invoices, 19 had tallied with their statutory records whereas 8 invoices remained un-tallied. 6. Besides, four rough slips, one weighment slip and one personal diary were recovered by the officers....

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.... factory without payment of duty and also indulged in fraudulent availament of cenvat credit without receiving the goods in his factory. He was also running dealership firm to pass fraudulent cenvat credit without actually sending the goods he failed to appear in response to summons issued to him and had adopted non cooperative attitude and due to his non-cooperative behaviour, Shri Puneet Bhandari was arrested under section 13 of Central Excise Act on 10.11.2010 produced before Honble Economic Offence Court and was sent to judicial custody and he was released on 11.01.2011. He was remained in the judicial custody in 60 days. 11. Ld. Counsel of the appellant submitted that since Shri Shyamlendu Nag has retracted his statement, there is ....