2009 (1) TMI 151

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....pondent. [Order].- The respondents were registered for manufacture of man-made fabrics and took CENVAT credit on grey fabrics during March 2004. Subsequent investigations by the Revenue revealed that the suppliers of the grey fabrics who had issued the invoices, on the basis of which respondents had availed credit, were found to be non-existent/fake/bogus. Accordingly, a show cause notice was i....

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....s to ensure that duty had been paid in respect of invoices, on the basis of which they took credit. Accordingly, penalty was imposable under Rule 13(1) [now 15(1)] of CENVAT Credit Rules and he has imposed the penalty under Rule 13. 2. No one appeared on behalf of the respondents. Ms. M.I.J. Micheal, learned Jt. C.D.R. on behalf of the Revenue submits that penalty should have been imposed under....