2018 (10) TMI 758

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ts. Shri P. Juneja, Authorized Representative (DR) - for the Respondent. ORDER Per. Ashok Jindal :- The appellants are in appeal against the impugned order wherein demand of Rs. 22,60,000/- has been confirmed against them alongwith interest and penalty on both the appellants have been imposed. 2. The facts of the case are that on the basis of intelligence, an investigation was condu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....se invoices and these invoices has been created by them to inflate their sale figures to obtain loans from the banks and no incriminating statement has ever been given by the appellant. In that circumstances, demand is not sustainable. To support this, he relied on the decision of M/s Vijay Packaging Systems Ltd. and others vs. CCE, Hyderabad - 2010 - TIOL - 1662 - CESTAT - BANG. 4. On the othe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ugh the records, the name of the consignee has been written on the invoice and after making investigation from the consignee it was found that he has not received any goods from the appellant which proved stand of the appellant. Moreover, no incriminating statement has ever been recorded during the course of investigation. Further, the statement of Shri Mahesh Tiwari which was heavily relied upon ....