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2014 (5) TMI 833 - CESTAT KOLKATAIrregular CENVAT Credit - Applicant availed irregular credit of CENVAT on various inputs which they never received physically in their factory premises and utilized the said irregular credit for payment of duty on the finished goods clerared by them - Held that:- out of total purported clearances of 123 consignments involving Rs.16,43,12,296/, 16 consignments involving Rs.9,80,55,155 (nearly 60%) were purportedly transported to Chattisgarh, Raipur and Orissa. On enquiry with the Check Post authorities, no such consignments crossed the said Checkgate and the stamp put on impugned challans were found fake and not signed by any officer of the Commercial Tax Department. Further M/s.Essel Transport purportedly transported 14 consignments valued at Rs.7,50,26,665/- (approx.) to consignees in Chattisgarh and Orissa, but on enquiry M/s.Essel Transport was found to be a bogus firm. From the facts and circumstances of the case narrated above that the issue involved relates of appreciation of evidences produced by both sides which can be taken up at the time of disposal of their appeals. However, at this juncture , keeping in view the above facts, prima facie, we are of the opinion that the Applicants have not been able to make a case for full waiver of pre-deposit of duty and penalty. In these circumstances keeping in view the interest of Revenue and principle of law settled by Hon’ble Supreme Court and High Courts in disposal of the Stay Applications, we feel it appropriate to direct the Applicant to deposit 25% of the duty confirmed against them within 8(eight) weeks - Conditional stay granted.
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