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2012 (7) TMI 198 - AT - Income TaxCredit availed without any duty paying documents/on the strength of xerox copies of invoice – Application for waiver of pre-deposit of duty, interest and penalty in view of the financial hardships - Held that:- The applicants availed credit of Rs.4362547/- without any duty paying documents and remaining credit on the strength of Xerox copies of invoices which is not a case for total waiver of dues – in METAL BOX INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI[2003 (4) TMI 111 (SC)] it was held that waiver of pre-deposit covered under Sec.35F of the Central Excise Act does not fall under any of the enumerated categories in Sec.22 of the Sick Industrial Companies (Special Provisions) Act, 1985, protection thereunder not available to the assessee - the applicants are directed to deposit the credit of amount availed without any duty paying documents within a period of eight weeks - on deposit of the aforesaid amount, pre-deposit of the remaining amount of duty, interest and penalty is waived for hearing of the appeal.
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