TaxTMI 
TaxTMI 
2022 (3) TMI 104
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....ata (in short the 'Tribunal') in Excise Appeal No.2224 of 2010. The revenue has raised the following substantial questions of law for consideration : "I) Whether the Learned Tribunal is right and justified in allowing the appeal of the assessee by relying upon the order No.77032/2019 dated 25.10.2019 and overlooking the fact that Cenvat Credit availed under Rule 4(2)(a) of the Cenvat Credit Rules, 2004 is not available to the respondent company as M/s. AESPL issued only invoices without supply of any excisable goods, since the said M/s. AESPL did not have any manufacturing capacity? II) Whether the Learned Tribunal acted in breach of natural justice by not considering the report of the Registered Chartered Engineer and also fail....
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....entries made for the period 2003-04, 2005-06, 2006-07 and 2008-09 confirming that they have wrongly availed Cenvat Credit on the strength of the invoices issued by M/s. AES through which capital goods were shown to have purchased/procured by the assessee. Further reference has also been made to other statements given by the Project Manager. Further, the show cause notice stated that the Central Excise registration of M/s. AES was suspended by order dated 10th August, 2007 and the fact of procurement of 30 bogus invoices by the assessee during the period includes the period during which the registration of M/s. AES was suspended. Therefore, the assessee was called upon to show cause as to why the Cenvat Credit of Rs. 3,07,48,020/- wrongly a....
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....to the show cause notice and decisions were also referred to in support of their stand. The reply given by the assessee was not accepted by the adjudicating authority and by order dated 31st December, 2009 confirmed the proposal in the show cause notice. Challenging the said order, the assessee filed appeal before the tribunal. The appeal has been allowed by following another decision of the tribunal in respect of the assessee's another unit in final order no.77032/2019 dated 25th October, 2019. Aggrieved by such order, the revenue is before us. We have heard Mr. Somnath Ganguli, learned Counsel assisted by Mr. Tapan Bhanja, learned Advocate for the appellant/revenue and Mr. Agnibesh Sengupta, leaned Counsel assisted by Ms. Swapna Das, le....
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....be well justified in setting aside the order. That apart, we find that the memorandum of appeal presented by the assessee before the tribunal is a very elaborate memorandum running to nearly 25 pages. The assessee prima facie focussed on factual issues as to how they have bona fide effected the purchase and utilised those products for manufacture of finished goods. Several documents, records, particulars regarding payments made through banking channel etc. were produced. The assessee also relied upon various decisions of the Court, some of which, according to the assessee, would apply to the facts of the case and other decisions on how and when the extended period of limitation under Section 11AC could be invoked. However, the tribunal has....