2014 (4) TMI 1168

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.... Heard learned Counsel for the appellant and ld. DR for the Revenue. 2. Adjudication order dated 26-4-2011 was passed by Assistant Commissioner, Central Excise, Jaipur-ll. This order disallowed cenvat credit of Rs. 3,13,211/-; direct its recovery under Section 11A of the Central Excise Act, 1944; confirms levy and recovery of interest under Section 11AB and imposed penalties of an equal amo....

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....l Corp, Faridabad and a registered dealer which purchased copper wire from M/s. A.T.C.O. M/s. India Metal Corp. sold a quantity of copper wire to another registered dealer, a second stage dealer - M/s. Shree Shyam International. M/s. Shree Shyam International purchased 13408 kg. copper wire valued at Rs. 20,91,648/- after availing cenvat credit of Rs. 3,13,211/-. The second stage dealer M/s. Shree....

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....nd not a third stage dealer. The adjudicating authority clearly recorded a conclusion that M/s. Shanti Lal & Brothers is established to be a third stage dealer in the transaction and therefore the invoices issued by such a dealer do not constitute authorised documents on the basis of which cenvat credit could be availed. The primary authority confirmed the demand of duty, interest and penalty. As ....

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....inable. 6. From the material on record it is clear that M/s. Shanti Lai & Brothers is the third stage dealer, who purchased the goods in issue from M/s. Shree Shyam International, who in turn purchased the copper wire from first stage dealer M/s. India Metal Corp. which in turn purchased the wire from M/s. A.T.C.O. Products. In terms of Rule 7 of the 2002 rules, invoices on the basis of whic....