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2014 (2) TMI 637 - AT - Central ExciseAvailment of CENVAT Credit - Waiver of pre deposit - Held that:- Shri Mukesh Sangla has clearly admitted the issue of cenvatable invoices without supply of goods, and these statements have not been retracted. The statement of Shri Kirti Kala, Cashier recorded on 8.3.2009 as also of Shri Paras Patidar, Marketing Manager of M/s Signet Overseas Ltd. dated 22.2.2009, also confirmed the issue of cenvatable invoices without supply of goods. From these statements also it comes out that this has been done on instruction of Shri Mukesh Sangla, the MD. The investigation has also brought on record that LRs issued for transportation of goods were in names of the companies which were found non-existent. Based on the evidences available on record, the charge against the appellant Shri Mukesh Sangla stands clearly established. Therefore, the appellant has not made out a case for complete waiver of pre-deposit of the penalty imposed on him. The fact that the main appellant has made pre-deposit and the same should be considered as sufficient for hearing the appeal of the present appellant, has no legal basis. Since prima facie Shri Mukesh Sangla is found instrumental in issuing the bogus invoices, we direct him to pre-deposit an amount of Rs.1 lakh within a period of six weeks towards the penalty imposed on him and report compliance on 1.1.2014. On such compliance, pre-deposit of balance of amount of penalty shall stand waived and recovery thereof stayed during the pendency of the appeal - Conditional stay granted.
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