2019 (5) TMI 1628

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....ereupon the appellant had availed cenvat credit of Rs. 25,57,370/-. The Department alleging the said credit to be inadmissible to the appellant in terms of Rule 4(1) of Cenvat Credit Rules, 2004 proposed the reversal of the said amount of cenvat availed alongwith interest at appropriate rate and the proportionate penalties vide the SCN No. 643 dated 25.05.2017 as was served upon the appellant. The said proposal was confirmed vide the Order-in-Original No. 34 dated 19.02.2018 thereby disallowing the aforesaid amount of cenvat credit availed by the appellant. The amount of Rs. 3,40,129/- was ordered to be appropriated the penalty of the same amount as that of a confirmed demand alongwith the interest in terms of Rs. 14 of Cenvat Credit Rules ....

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....it mainly based on the statement of Shri Amit Gupta and transporters, but no cross examination of the witnesses was provided to the appellants. One of the witnesses has retracted his earlier statement. Surprisingly, in the instant case, no inquiry was made from the customers of the appellant company. All the transactions related to inputs purchased was duly recorded in the book of accounts and inventory records. The appellant have purchased the goods from the registered dealer. When it is so, then it is expected by the department to make a inquiry about the genuineness of the supplier. The appellant had been subjected to regular audit by the department and no such allegation was ever made. Appellant vide letter dated 11.05.2017 had repeated....