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2014 (4) TMI 715 - CESTAT NEW DELHIWaiver of pre deposit - Denial of benefit of modvat credit - invoice issued by registered dealer - Revenue entertained a view that it was only paper transaction without the actual movement of the goods to the appellant factory. - Held that:- Entire evidence on record is required to be taken into consideration for arriving at a final conclusion. Suffice it to say, at this interim stage, the appellants have not been able make out a good case in their favour so as to allow the stay petition unconditionally. As regards limitation, we find that in such cases of fraud, the extended period is available to the Revenue - apart from making a bald statement in the stay petition, there is no evidence reflecting upon the poor financial status of the appellant - Conditional stay granted.
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