2018 (9) TMI 1580

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent of the Incometax Appellate Tribunal dated 11.5.2018 raising following questions for our consideration : "(a) Whether "adverse inference" could have been drawn by the Appellate Tribunal against the appellant for denying Cenvat credit of Rs. 5,89,667/in respect of 12 invoices when the appellant has received duty paid inputs under 4,686 invoices during the period in question involving Cenvat credit of Rs. 27,32,17,300/for which no dispute at all been raised by the Revenue; and similar dispute raised by the Revenue for 76 invoices involving Cenvat credit of Rs. 39,76,922/has also been rejected by the Appellate Tribunal ? (b) Whether the order of the Appellate Tribunal upholding denial of Cenvat credit of Rs. 5,89,667/for i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....les in the nature of three wheelers such as chhagdo rickshaw and autorickshaw and totally incapable of transporting the quantity of goods stated to have been done. The Tribunal also noted that during the course of investigation, the suppliers' representatives' statements were recorded. They did not give any satisfactory explanation for such discrepancies. These statements were also furnished to the assessee. The assessee's representative was also not able to explain the discrepancies. He merely stated that goods were ordered on FOR basis and therefore the transportation of the goods was responsibility of the supplier and not that of the assessee. The Tribunal noted that none of these statements were ever retracted. On the basis ....