CENVAT credit claimed on fictitious invoices found fraudulent u/r 4(7); Rs.20,07,497 demand reinstated, appeal allowed
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....Cenvat credit claimed on invoices found fictitious was examined under the rule requiring proof of payment and tax remittance; absence of payment evidence and service tax remittance led to conclusion that input and output invoices related to different periods and that suppliers were proxy/fictitious, establishing fraud which vitiated entitlement to credit, and the consequence was reinstatement of a demand of Rs. 20,07,497 and setting aside of the impugned order with the appeal allowed.....
TaxTMI