AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2022 (7) TMI 190
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....ation against the appellant is that they have without delivery of the goods to one M/s. Continental Engines Ltd. have simply passed on bogus cenvat credit. 4. The investigation conducted by the DGCEI, New Delhi, wherein it appeared that some of the importers and dealers viz. Unnati Alloys (P) Ltd., Moral Alloys (P) Ltd., which are alleged to be managed by one Shri Amit Gupta, after having imported copper scrap, had disposed the imported scrap to the buyer in the local market without issuing any invoices, in cash. Subsequently, these importing companies and some dealers had passed on the credit of the duty, by issuing invoices without actual delivery of the goods. 5. In the facts of the present case, the goods were imported by the importer....
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....the manufacturer/customers, he supplied the bills to those companies, passing on the cenvat credit without physically delivering the goods. He also stated that they also purchased metals from domestic market viz. copper rods and zinc ingots and thereafter resold the goods in the market in cash, but passed on the cenvat credit by issuing cenvatable invoices to the manufacturing companies. 6. In the course of search in the premises of Amit Gupta and his companies/firm, various incriminating documents including GR books of M/s. Leo Trans & Logistic were found for the period April, 2011 to December, 2012. It appeared that for most of the fictitious sale, to show fictitious transportation, Amit Gupta was using the GRs issued in the name of M/s.....
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....ary Division), and issued summons to its Director. In response to which, Shri Mahendra Sharma, Asstt. Manager ( Commercial) appeared and in his statement recorded on 28.04.2017 under Section 14 of the Central Excise Act, 1944, inter alia stated that he was looking after the work of Central Excise and related matters in the company and Authorised Signatory for Excise Matters and were engaged in the manufacture of Aluminium Automotive Components and registered with the Department. They are purchasing their raw materials i.e. Aluminium Ingots or Aluminium Scrap and Copper Wire Rods etc. from domestic /local manufacturers or traders as well as they import Aluminium Scrap also. On being asked about their transactions with M/s. Rajdhani Traders, ....
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.... under Section 14 of the Central Excise Act, wherein, Shri Sanjeev Maggu, Director admitted that GRs of his company were misused by Shri Amit Gupta and his company, showing fictitious transportation of the goods. Mr. Sharma replied that they have received the goods in their factory in all the cases, as per the quantity mentioned in the invoices issued by Rajdhani Traders. Further, on inquiry from Mr. Sharma, stated that with regard to invoice no.183 dated 29.06.2012 issued by M/s. Unnati Alloys Pvt. Ltd., to Rajdhani Traders by Truck No.HR-38 N/1901, the owner-cum-driver - Shri Ajay Kumar Singh stated that he never worked with M/s. Leo Trans & Logistics and never transported copper wire/copper scrap from Jaipur to Bhiwadi. On being asked Mr....
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....,000/- was imposed on this appellant under Rule 25 of the Central Excise Rules. Equal penalty was also imposed on Amit Gupta and Unnati Alloys Pvt. Ltd. Penalty of Rs.50,000/- was also imposed under Rule 26 on Mr. Mahendra Sharma. 12. Being aggrieved, the appellant is before this Tribunal. 13. Ld. Counsel states that under the facts and circumstances, they have supplied the inputs along with cenvatable invoices. Further, they have received payment for such supplies through banking channels. There is no evidence of any cash flowing from them back to Continental Engines. In support of his contention, he has filed copy of cenvatable invoices along with supporting transport documents, wherein he has filed copies of the ledger account of M/s. ....