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2014 (1) TMI 1337 - HC - Central ExciseWaiver of pre deposit - Tribunal dismissed appeal for failure to make pre deposit - Held that:- dismissal of an appeal for failure to deposit the amount of pre-deposit determined, in essence, deprives a party its right of filing an appeal but as facts of the present case prima-facie disclose an unmitigated fraud perpetuated by the appellant while availing cenvat credit on raw material allegedly procured by them from various sources, are not inclined to grant any relief to the appellant - The appellant is a manufacturer in non-alloy steel ingots and availed benefit of cenvat credit on raw material procured by them from various sources. A search of the appellant's premises revealed that inputs were not received by the appellant and the transactions which formed basis for availing cenvat credit, were mere a paper transactions. The appellant's supervisor and melter made statements which clearly prove that the material received could not be used for melting. A finding of fact was also recorded that out of 203 invoices, corresponding goods received are not available with regard to 142 invoices. Out of ten transporters, seven were found to be nonexistent and three have denied having transported material to the appellant. The registration numbers of four trucks were found to be fake - no reason to hold that the CESTAT committed any error in directing the appellant to deposit ₹ 60 lacs of duty determined by the respondents. The second appeal was rightly dismissed for failure to abide by the order of pre-deposit - Decided against assessee.
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