2014 (2) TMI 637

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....sekharan The appeal and stay application are directed against the Order-in-Appeal No. RPS-17-19/NSK/2013 dated 21.1.2013 passed by the Commissioner of Central Excise & Service Tax (Appeals), Nashik. 2. The appellant is Shri Mukesh Sangla, Managing Director of M/s. Signet Overseas Ltd., who are registered as a First Stage Dealer and entitled to issue cenvatable invoice under Cenvat Credit Rul....

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....evidence which has been adduced by the investigation with respect to charge against the appellant and, therefore, the impugned order is not sustainable in law. Secondly, it is argued that it was M/s Signet Overseas Ltd. in whose name the invoices have been issued and the appellant is only Managing Director of the said firm. Therefore, the benefit of the transaction can only be for the firm and not....

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.... other hand, contends that this is a case of fraud involving issue of cenvatable invoices without supply of goods. Further, the transporters whose names were mentioned in the invoices were also found to be fake/non-existent. Shri Mukesh Sangla, the Managing Director of M/s Signet Overseas Ltd. has clearly confessed his role in issue of bogus invoices without supply of goods to facilitate availment....

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....voices without supply of goods. From these statements also it comes out that this has been done on instruction of Shri Mukesh Sangla, the MD. The investigation has also brought on record that LRs issued for transportation of goods were in names of the companies which were found non-existent. Based on the evidences available on record, the charge against the appellant Shri Mukesh Sangla stands clea....