2022 (4) TMI 1104
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....Ms. Kainaat, Advocate for the appellant. Shri Sanjay Kumar Singh, Authorized Representative for the Department ORDER These two appeals have been filed assailing the order-in-original dated 26.09.2013 passed by the Commissioner of Central Excise, Delhi - II [impugned order ]. The operative part of the impugned order is as follows :- "1. I disallow the Cenvat credit amounting to Rs. 57,48,536/-....
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....dustries Limited ; 4. I impose personal penalty of Rs. 5,00,000/- (Rupees Five Lakhs only) on Shri Anil Gupta, Chairman-cum-Managing Director of M/s KEI Industries Ltd." 2. Appeal No. E/50149 of 2014 is filed by M/s KEI Industries, while Appeal No. 50150 of 2014 is filed by Shri Anil Gupta, the Director of M/s KEI Industries [assessee]. 3. The facts of the case, in brief, are that the assessee....
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....and came to the conclusion that VKM had issued invoices without receiving any raw material and without manufacturing and supplying copper ingots. Based on this investigation, a show cause notice dated 05.01.2010 was issued to VKM demanding central excise duty of Rs. 42,37,24,491/-. Show cause notices were also issued to various buyers of VKM including the assessee herein seeking to deny Cenvat cre....
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....opper ingots from VKM. While deciding the first batch of appeals which relate to VKM and others, we have already held that VKM had duly manufactured copper ingots from copper scrap and cleared the same from their unit on appropriate payment of Central Excise duty. There is ample evidence on record that all the recipients of copper ingots had duly received the same in their respective units and uti....