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2014 (1) TMI 163 - AT - Central ExciseCenvat credit availed No necessary documents produced - Waiver of Pre-deposit Held that - The appellant had availed the CENVAT Credit of the inputs lying in stock as on 13.08.2006, for which there was no proof produced to show that they had a stock of material on which credit was availed - if a person is in the activity of manufacture, he would have maintained a proper record of showing consumption of the material and output of such consumption - A prudent businessman would maintain such records and defend his claim before the authorities - In the absence of any records, Prima facie, the appellant has not made out a case in their favour Appellant is directed to deposit Rupees One lakh as pre-deposit Upon such submission rest of the duty to be waived till the disposal Partial stay granted.
Issues involved:
Waiver of pre-deposit of ineligible CENVAT Credit availed by the appellant. Analysis: The appellant filed a Stay Petition seeking a waiver of pre-deposit of amounts confirmed as ineligible CENVAT Credit. The Tribunal heard both sides and examined the records. It was noted that the appellant had availed CENVAT Credit of inputs in stock without justification before the Audit party. The appellant failed to provide any evidence to demonstrate the existence of stock on which credit was availed. The Tribunal emphasized the importance of maintaining proper records in manufacturing activities to substantiate claims. As the appellant did not produce any such records, the Tribunal found the appellant had not established a case for a complete waiver of the amounts involved. Decision: The Tribunal directed the appellant to pre-deposit an amount of Rs.1 lakh within eight weeks and report compliance before the Deputy Registrar. Upon verification of compliance, the file would be placed before the Bench for further orders. Subject to compliance with the pre-deposit, the application for waiver of the remaining balance was allowed, and recovery thereof stayed until the appeal's disposal.
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