TaxTMI 
TaxTMI 
2019 (8) TMI 960
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.... disposes of four Appeals arising out of same show cause notice bearing No. 1304 dated 27.04.2016 vide which the cenvat credit amounting to Rs. 1,25,87,331/- was proposed to be recovered from the appellant M/s. Bhansali Cables & Conductors Pvt. Ltd. (BCCPL) alongwith the interest and the penalty was proposed to be imposed upon Shri Amit Gupta-Director of Progressive Alloys, Shri Deepak Jain-Director of M/s. Bhansali Cables & Conductors Pvt. Ltd. and Shri Sanjeev Kumar-Manager and Authorised Signatory of BCCPL. The said proposal was confirmed vide the common Order-in-Original No. 72/16-17 dated 23.12.2016 and Appeal thereof was rejected vide the common Order-in-Appeal No. 154-156 dated 28.03.2018. However with respect to one of the appellant....
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....sportation of consignment to the manufacturer against cenvatable invoices. M/s. BCCPL is found to be one of the such manufacturer who is alleged to have availed the cenvat credit amounting to R.s 1,25,87,331/- without actually receiving the goods during the period from 01.04.2011 to 18.12.2011. The said observations have been confirmed by the adjudicating authorities below and the penalties have been imposed upon the co-appellants. Being aggrieved, all of them are before this Tribunal, vide impugned four Appeals. 3. We have heard Mr. G.K. Sarkar & Ms. Reena Rawat, Advocates for the Appellant and Mr. P. Srivastava, Mr. V.B. Jain & Mr. P. Juneja, Authorised Representatives for the Respondent. 4. It is submitted that there is no document n....
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.... cenvat credit on the basis of such duty paying documents and cleared the goods manufactured on payment of duty, which was accepted by the department without any objection. As per the chart mentioned in the impugned order, the departmental officers expressed doubt about the genuineness of sales of the appellant company which is about 50% of the total turnover. Therefore, when the sales are genuine, then such genuine sales is possible only with genuine purchase of standard raw material. The allegation that appellant was procuring the same from the open market on cash basis, is not sustainable for the reason that the appellant has to maintain higher standard of quality to make major supplies either for export or to the companies which are ope....