TaxTMI 
TaxTMI 
2016 (5) TMI 1122
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....me. During the financial year 2007-2008, the appellant had purchased sponge iron being the raw material/inputs from M/s Chachan Metal Pvt. Ltd., Shamli, Muzaffarnagar, a registered dealer under the Central Excise Act and had taken Cenvat credit amounting to Rs. 2,04,875/-. 3. An enquiry was made by way of audit by the Central Excise Audit Party in the premises of the Seller of the raw material, that is, M/s Chachan Metal Pvt. Ltd., Shamli during the period 22/10/2008 to 23/10/2008. It was observed by the audit party that M/s Chachan Metal Pvt. Ltd. had issued the invoices on the basis of the goods received on endorsed invoices and have taken credit of Cenvat in RG- 23D register, which were ordinarily issued in the name of M/s Chachan Metal....
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.... contained all particulars which are essential for the taking of Cenvat credit. The invoices issued by duly registered first stage dealers contained particulars of payment of duty by the manufacturer and all relevant information prescribed under the Rules, had been given therein. There was no reason to doubt the validity of the documents/invoices. Further pointed out that in paragraph 2 of the SCN, it is stated that the invoices in question were issued on the basis of the goods received on the endorsed invoices, which clarifies that the goods were definitely received at the registered premises, at Shamli, accordingly, taken credit and subsequently. Credit was transferred to the appellant on sale of sponge iron. For any lapse on the part of ....
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....tals Pvt. Ltd., Shamli. In this view of the matter, no adverse inference can be drawn on the present appellant. It was also stated that it appears that the some lorries/truck on which the goods started from Ramchandrapur (Orissa) to Kanpur, were diverted to Shamli, as the same company/Person have got office at Kanpur & Shamli. It was also contended that in the course of audit, the goods in question were found to have reached at Shamli which is sufficient to prove that the sponge iron in question did reach at Shambli office of the supplier-M/s Chachan Metals Pvt. Ltd.. Reliance is also placed on the ruling of this Tribunal in the case of M/s Laxmi Metal Industries 2013 (287) ELT 487, wherein the Tribunal had observed that the goods have been....
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....chan Metals Pvt. Ltd., Shambli, which are the basis of credit by the appellant, at the bottom) of the invoices debit endorsed the clearing bustard duly stamped and signed by Director of Tribhuwan Industries Ltd., 30 find that the goods under reference have been sent by them directly from the manufacturer, that is, M/s Orion Ispat Ltd. Orissa had on specific dates. The dates on which invoices by them were issued. It was further observed that invoice number 1238 dated 6/9/2007 issued by M/s Orion Ispat Ltd., Orissa, are ostensibly received by M/s Chachan Metals Pvt. Ltd., Shamli on 12/9/2007 (as per Sl.No. 22 of the RG-23 Register) whereas the certificate entries of inputs in both on Invoice Number 19 dated 18/9/2007 issued by M/s Chachan Met....
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....amli. It is further urged that in view of the fact that the Revenue is satisfied with taking of cenvat credit by M/s Chachan Metals Pvt. Ltd., Shamli, there can be no disallowance in the cenvat credit taken by the appellant, duly passed by the seller to M/s Chachan Metals Pvt. Ltd., Shamli on sale of input to them, and further argued that without any contrary finding, the demand has been confirmed only on presumption and assumption. Further it is stated that the extended period of limitation is not invokable under the facts and circumstances, relying on the ruling of the Honble Supreme Court in the case of M/s Pragathi Concrete Products (P) Ltd. : 2015 (322) ELT 819, under the fact that the unit of assessee was audited several times and ph....