2013 (11) TMI 1341

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....P sheets issued by M/s Kanika Strips Pvt. Ltd., a registered dealer without actually receiving any material. In this regard, main evidence relied upon by the Department is statements dated 12/10/2007 and 30th October 2007 of Shri Rakesh Bansal, Director of M/s Kanika Strips, wherein he stated that the goods mentioned against Sl. No. 11 to 43, 47 to 93, 99 to 101, 108 to 120, 122, 129, 130, 137, 204, 207 to 209, 218 to 288, 289 to 292, 308, 313 to 316, 320 to 323, 344 to 347, 351 to 360, 368 to 375, 405 to 415 in their RG-23D register are those which are bogus transactions and no goods had been received and also the fact that the supply of material GP sheets to the appellant in this case is out of the stock mentioned against the above-mentio....

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.... during the pendency of the appeal. 4. Shri Davinder Singh, the learned Jt. CDR, opposed the stay application by reiterating the grounds of appeal and emphasised that (a) the statement of Shri Rakesh Bansal, Proprietor of M/s Kanika Strips Pvt. Ltd., wherein he has categorically stated that all the invoices are totally bogus and no material had been received has not retracted by him ; and (b) the supply of the material to the appellant was out of the material mentioned against certain entries in RG-23D register which according to the statement of Shri Rakesh Bansal are bogus receipt entries in respect of which no material had been received by M/s Kanika Strips and only invoices had been received. He, therefore, pleaded that this is not ....

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....redit without supply of any goods. Prima facie, I find that out of eight invoices, in the five invoices, the RG 23D entries mentioned are No. 64, 65, 66, 68 and 70 which according to the statement of Shri Rakesh Bansal of M/s Kanika Strips are just bogus entries are without actual receipt of any material. The statement of Shri Rakesh Bansal has not been retracted by him. On the other hand, the appellant's plea is that they had actually received this material, that their purchase are also covered under VAT D-3 form and that the Department does not dispute that the finished goods manufactured by using the material received from M/s Kanika Strips had been cleared on payment of duty. Since, the dispute in this case is of fact, which can be exam....