2019 (1) TMI 1160

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....s and not the goods as per the investigation conducted by DGCEI in the case of one Sh. Amit Gupta, who stated that they are issuing only invoices in the name of various buyers namely M/s Unnati Alloys Pvt Ltd and M/s Moral Alloys Pvt Ltd who in turn issued invoices to second stage dealer, who further issued invoices to the appellant M/s Vardhman Strips Pvt Ltd Unit-II to take the Cenvat credit without supplying the goods. 2. The facts of the case are that an investigation was conducted at the premises of one Sh. Amit Gupta, who is having various firms registered with Central Excise department and who was involved in issuing cenvatable invoices without supplying of the goods enabling the various manufacturers/buyers to avail inadmissible ....

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....ir statements that they have supplied goods alongwith invoices. No investigation has been conducted at the end of the transporters supplying the goods from M/s Godawari Enterprises and M/s North Industries Pvt Ltd to M/s Vardhman Strips Pvt Ltd. All payments have been made through account paid cheques and the officials of M/s Vardhman Strips Pvt Ltd in their statements have stated that they have received the goods and VAT on the said goods has been paid, which has been accounted and used in the manufacture of their final product, which has been cleared on payment of duty. In that circumstance, the Cenvat credit cannot be denied to M/s Vardhman Strips Pvt Ltd. Consequently, no penalty is imposable on all the appellants. He also took support ....