2022 (4) TMI 1104

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....ugned order is as follows :- "1. I disallow the Cenvat credit amounting to Rs. 57,48,536/- (Rupees Fifty Seven Lacs Forty Eight Thousand Five Hundred and Thirty Six only) availed and utilized by M/s KEI Industries Limited during the period April, 2005 to March, 2006 and order for the recovery of the said amount from M/s KEI Industries Ltd. under Rule 14 of the Cenvat Credit Rules, 2004 readwith proviso to Section 11A (1) of the Central Excise Act, 1994 ; 2. I order to recover the interest from M/s KEI Industries Limited under Rule 14 of the Cenvat Credit Rules, 204 readwith Section 11AB and Section 11AA of the Act ibid; 3. I impose penalty amounting to Rs. 57,48,536/- (Rupees Fifty Seven Lacs Forty Eight Thousand ....

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....plying 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 credit on the strength of the invoices issued by VKM on the ground that since VKM had not manufactured any ingots, it could not have supplied them to its buyers and only invoices were issued without supplying any ingots. The orders passed by the Commissioner deciding many such show cause notices were appealed against and disposed of by this Tribunal by Final order No. A/51982-51997 of 2018 - EX (DB) dated 23.05.2018. It was held that the allegation that VKM had not manufac....