2011 (5) TMI 417 - AT - Central Excise

Pre-deposit of duties and penalties - Irregular Availment of CENVAT Credit on the basis of Fake and fictitious invoices issued by non-existent and bogus manufacturing units - The said issue stand decided by the Tribunal in the case of M/s Bhagwati Silk Mills (2011 -TMI - 203593 - CESTAT AHMEDABAD) - Hence set aside the impugned order and remand the matter to the original adjudicating authority for fresh decision by taking into account the observations made in the case of M/s. Bhagwati Silk Mills - The appeal is also allowed by way of remand.

Summary

The Appellate Tribunal CESTAT, Ahmedabad, in the case of irregular CENVAT Credit due to fake invoices, set aside the impugned order and remanded the matter for fresh decision based on previous rulings. Stay petition and appeal allowed. (2011 (5) TMI 417 - CESTAT, AHMEDABAD)