
Facts:
Exide Industries Ltd. (“the appellant”) received a Show Cause Notice issued by the department as to why the CENVAT credit be not recovered with interest and penalties. The contention of the department was that, the appellant shows to have purchased raw material in nature of Lead Ingots from the supplier in Jammu & Kashmir but the same goods were not received in factory premises. The Tribunal as well as Hon’ble Bombay High Court confirmed the order. Aggrieved with order of High court, the Appellant is before the Hon’ble Supreme Court.
Appellant contention:
The Appellant contended that there were valid reasons for discrepancy in the vehicle numbers which had supposedly transported the goods from Jammu and Kashmir to the appellant’s factory and those mentioned in the invoices and other documents.
Held:
The Hon’ble Supreme Court vide Petition(S) For Special Leave To Appeal (C) No. (S). 9229 of 2019 dated April 15, 2019 upheld the decision of Bombay High Court and dismissed the Special Leave Petition filed by the Appellant.
Citation: [2019] 105 taxmann.com 192 (SC)