2011 (2) TMI 988 - AT - Central Excise

Waiver of pre-deposit 20% of the duty - MODVAT Credit - Availed credit on the basis of fake and fictitious invoices - Held that - The Tribunal in the case of M/s Bhagwati Silk Mills and others 2011 (1) TMI 239 - CESTAT AHMEDABAD after taking into consideration the various pleas raised by the appellants similarly situate matters stand remanded for de-novo adjudication - Subsequently in the case of M/s Roop Dyg. & Ptg. Mills Pvt.Ltd & others 2011 (2) TMI 889 - CESTAT AHEMDABAD the Tribunal has held that in such cases no pre-deposits are required and the appeals can be disposed off by way of remand directly - The appeals get disposed off by way of remand.

Summary

The Appellate Tribunal CESTAT, Ahmedabad, in Citation 2011 (2) TMI 988, decided on appeals related to MODVAT Credit denial based on fake invoices. The Tribunal remanded the matter for de-novo adjudication following a previous similar case. The impugned order was set aside, and appeals were disposed of by remand to the Original Adjudicating Authority.