2010 (10) TMI 1004

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....ellant. Shri Anil Khanna, SDR, for the Respondent. ORDER The appellants have filed the appeals against the order of imposition of penalty on them under Section 11AC of the Central Excise Act, 1944. 2. The brief facts of the case are that on the intelligence received by the Commissioner of Central Excise, Delhi that M/s. Ganpati Trade Link had been issuing fake cenvatable invoices ....

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.... of penalties, the appellants are in appeal before this Tribunal. 3. The learned advocate for the appellants submitted that the appellants have availed the Cenvat credit on duty paid invoices along with goods and they are not aware that the invoices were issued by M/s. Ganpati Trade Link. Infact, they have received the goods through SMW/FE on which they have discharged their duty liability....

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....department, appellants have reversed the credit wrongly availed by them with interest. It is clear cut case of fraud, hence the appellants are liable for reversal of credit alongwith interest. He also relied on the decision of the Supreme Court in the case of Commissioner of Customs v. Candid Enterprises reported in 2001 (130) E.L.T. 404 (S.C.) wherein the Apex Court has held that in case of fraud....