2017 (1) TMI 219

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sistant Commissioner (AR) for the Respondent. ORDER Facts in brief are that the appellants are engaged in manufacture of electrical fans and are availing the facility of CENVAT Credit on inputs and capital goods.  A Show Cause Notice was issued against the appellants alleging that they availed irregular credit on invoices issued by M/s Karnataka Metal Corporation, a dealer, without actu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....half of appellant, the Ld. Counsel Sh. M.V.S. Prasad submitted that the entire case of the department is built upon some entries found in the private records of Sh. Prabhakar who was an employee of dealer, M/s Karnataka Metal Corporation.  He submitted that there was no variation in the stocks as well as the statutory records were also found proper.  The SCN is based on two statements re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was that the materials were diverted to the local market without issuing invoices and the manufacturers were issued invoices without supply of material for the purpose of taking credit.  He submitted that in clandestine it is not possible to establish cases with mathematical precision and therefore pleaded that the confirmation of demand, interest and penalty is legal and proper. 4.  ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bsp; The statements have been retracted. 5.  In the case of M/s Sri Laxmi Industries and another disposed by the Tribunal vide Final Order No. A/30028-30029/2016 dated 20.01.2016 this Tribunal has discussed the evidenciary value of the statement of Sh. Prabhakar and also with regard to the documents recovered from the residence of Sh. Prabhakar.  The said Prabhakar has not been made a....