2024 (5) TMI 617

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.... in the manufacture of Ferro Alloys, M.S. Flats, H.R. Flats, M.S./S.S. Billets. For the manufacture of M.S. Billets and other stainless steel items, copper alloy ingredients are required to be used. The appellant had procured Copper Ingots from one of their suppliers namely, M/s. V.K. Metal Works against Central Excise Invoices, during the period from April 2005 to December 2006 and availed credit of the duty paid on such goods. 2.1. Officers of the Directorate General of Central Excise Intelligence (DGCEI) conducted investigation in respect of allegation of availment of benefit of exemption Notification No. 56/2002-CE dated 14.11.2002. During the course of investigation at the end of supplier of Ingot M/s. V.K. Metal Works, DGCEI Authorit....

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....ide Show Cause Notice dated 31.03.2010 which resulted in passing the impugned order by the Ld. Commissioner, wherein he ordered for recovery of wrongly availed CENVAT Credit amounting to Rs.2,72,09,881/- (including Cess) along with interest and imposed equal amount of tax as penalty. Aggrieved against this order, the appellant has filed the present appeal. 3. The appellant submits that they had duly received the goods along with proper duty-paid documents. Payments were made through Account Payee Cheques. It is submitted that CENVAT Credit was taken properly and the officers of the Department were satisfied with the documents and did not undertake any stock verification; that the present proceedings have been initiated solely on the basis ....

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....dingly, they prayed for setting aside the impugned order and allow their appeal. 4. The Ld. Authorized Representative appearing for the Revenue reiterated the findings in the impugned order. 5. Heard both sides and perused the appeal documents. 6. We observe that the entire proceedings have been initiated against the appellant solely on the basis of the allegations against M/s. V.K. Metal Works that they did not manufacture the goods and hence they could not have supplied the goods. The appellant submits that they had duly received the goods along with proper duty paid documents. Payments were made through Account Payee Cheques. CENVAT Credit was taken properly and the officers of the Department were satisfied with the documents submitte....