2015 (10) TMI 104

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.... 2. After hearing both the sides and on perusal of records, we find that the Respondent No 1 M/s Banian & Berry Bearing Pvt Ltd was engaged in the manufacture of SS Ingots, SS Flats, an SS Round Bars classifiable under Chapter 72 of the Schedule to the Central Excise Tariff Act 1985. They were availing cenvat credit on imported Nickel for use in the manufacture of final product. A Show Cause Notice dtd 30th Sept 2005 was issued proposing demand of cenvat credit of Rs. 2.09 crores alongwith interest and to impose penalty on the Respondent No 1 and its Director, Respondent  No 2 herein. 3. By the impugned adjudication order, the adjudicating authority disallowed the cenvat credit of Rs. 1.30 cores alongwith interest  and also i....

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....relied upon the decision of Hon'ble High Court of Punjab and Haryana in the case of Rajeev Alloys Ltd vs CCE, Chandigarh [2009(247).ELT.27(P&H)]. He also relied upon the decision of this Bench in the case M/s Agarwal Metals & Alloys & others vs CCE, Vapi [ 2013(2)ECS. 37.(Tri. Ahmd)]. 6. We find that the adjudicating authority disallowed the credits of Rs. 1.30 crores on the ground that the appellant availed the credits on the basis of invoice without receipt of the goods. The Tribunal in the respondent s own case dropped the demand which was upheld by  Hon ble High Court. The relevant portion of the decision in the case of  Shri Arun Verma (Supra) are as under: "6. We have carefully considered the submissions. 7.1 The ma....

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....been manipulated. However, the evidence of the Production Manager on whose instructions Mr Chander Pal Singh has reportedly maintained manipulated records has not been taken. Similarly, statements of persons concerned with transportation have not been corroborated. 7.3 The manufacture of substantial quantity of 304 grade finished product and its clearance are not being disrupted. The 304 grade scrap imported is only to the tune of about 142 MTs. Therefore, use of Nickel for manufacture of the balance quantity of 304 grade as reflected in the private and statutory records maintained by the assessee-company cannot be brushed aside. 7.4 No valid reasons have been adduced by the Department to disregard the utilization certificate issued b....