2015 (10) TMI 125

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....e Rules, 2002 and the merchant supplier of the grey fabrics as the primary person who is required to take registration but also gave option to the Job worker to undertake registration as independent manufacturer or as agent of the merchant. The Central Excise Rules, 2002 was also amended to enabling taking of credit by registered unit against the invoices in favour of merchant as consignee/ buyer but endorsed by such merchants. The assessee availed CENVAT credit on the basis of the invoices of grey fabrics issued by the merchants during the month of February 2003 to March 2003 and September 2003. Subsequently, during investigation it was found that the supplier of grey fabrics who issued the invoices are not traceable and /or non-existent. ....

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.... that the evidences are not sufficient to conclude that the appellant are party to fraud. I find that the identical issue stands decided by the Tribunal in the case of M/s. Bhagwati Silk Mills & Others vide final order No. A/55-185/WZB/AHD/2011 dated 19.4.2011, remanded the matters with certain directions and to decide the matter on limitation. In that case, the assesses challenged the order of the Tribunal before the Hon'ble Gujarat High Court. In the case of Prayagraj Dyeing & Printing Mills Pvt. Limited, the issue involved, amongst others, as to whether the Tribunal committed substantial error of law in holding that the demand in question is not barred by limitation in the facts of the present case and that the larger period of limit....