2017 (5) TMI 560

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....t ORDER Per: Ramesh Nair 1. The fact of the case is that the case was made out for fraudulent availment of Cenvat credit by M/s. Rashtriya Metal Industries Ltd., on the invoices issued by Bhiwandi based dealer, viz., Nakoda Trading Corporation. The present appellants who are either transporter or partner of the transport firm were involved in the issuance of lorry receipts (LRs) against p....

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....t the act of issuance of LRs that to between ICD Tughlakabad to Nakoda Trading Corporation, Bhiwandi, there is no fraudulent Cenvat Credit is involved. The fraudulent Cenvat credit was taken by Rashtriya Metal Industries Ltd. on the basis of invoices issued by Nakoda Trading Corporation. Therefore, the transaction whether right or wrong between ICD Tughlakabad to Nakoda Trading Corporation is not ....

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....hai Deora - 2014 (309) ELT A131(SC) g) Navneet Agarwal - 2012 (276) ELT 515 (Tri-Ahmd) h) Vee Kay Enterprises - 2011 (266) ELT 436 (P&H) i) Sudhir Jivrajbhai Patel - 2010 (256) ELT 306 (Tri-Ahmd) j) Amex Alloys Pvt Ltd. - 2013 (296) ELT 229 (Tri Che) 4. I have carefully considered the submission made by both the sides. I find that on the appellants, the penal....

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....oice or document is likely to take or has taken any ineligible benefit under the Act or the rules made there under like claiming of CENVAT credit under the CENVAT Credit Rules, 2004 or refund, shall be liable to a penalty not exceeding the amount of such benefit or five thousand rupees, whichever is greater. 5. In the facts of the present case, the charge on the appellants is that they have iss....