A similar view has been taken by the Hon‟ble High Court of Delhi in the case
of Basudev Garg2013 (294) E.L.T. 353 (Del) (supra). The relevant portion of
the order is reproduced below :-
75.12 In the light? of these judgments of the Honble Apex Court, in the case under consideration, I am of the considered view that the appellants are not entitled to avail Cenvat credit of the duty paid on ship-breakers invoices.
6.2 We find that in addition to the above arguments, the learned counsel has also raised the issue relating to parallel invoices and extended period of time. We find that these issues have also been discussed in the case of Bhagwati Steel Cast (supra). The relevant portions are extracted below:-
3. Haryana Steel Alloys Vs CCE, New Delhi 2002(148) ELT 377
In this connection, it is observed that the facts of the instant case are
different from the one relied upon by the assessee. In all the aforesaid cases
the entire proceedings were initiated on the basis of statement of authorized
signatory of the respondent or of their employees. Whereas, in the instant
case, the proceedings were initiated on the basis of search carried out by the
officers, before independent witness under panchnama wherein it revealed
that there was no facility to manufacture copper bars / ingots, the fact
corroborated by Shri Purushottam Lal, Office Attendent and further
corroborated by Shri Ashok Bafna, broker.
9. The conclusion drawn by the Commissioner (Appeals), that had
the appellant not removed such goods clandestinely, they would have
surely produced the necessary evidences to the contrary is plausible in
the circumstances and needs to be affirmed. The appellant has not
been able to give any reasonable explanation for the same. Moreover,
as observed by the Tribunal in the case of Haryana Steel and Alloys
Ltd. Vs. CCE & ST, New Delhi 5 that :-