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2015 (6) TMI 190 - AT - Central ExciseWaiver of pre deposit - CENVAT Credit - Imposition of penalty - Bogus invoices - Non receipt of goods - Held that:- registration of Muni Group of Companies was done by the applicant and the reports submitted are misleading. It was found that the factories do not exist. It was also observed that huge transactions have been shown. We also note that for processing of the rebate claim, verification about the export as also the verification about the duty payment etc. is done by the range superintendent. We are not able to persuade ourselves that such fraud can be done relating to registration, availment of huge amount of credit and processing of the rebate claims without the tactical support of the range superintendent. There are large number of documents which will have to be gone through before taking a final view, but prima facie we feel that the applicant has not been able to make a case on merits. - since the applicant has processed the registration certificate, permitted the cenvat credit availment and also verified the duty payment particulars of the goods exported, the then Rule 26 will be applicable to the applicant. - It may be true that the applicant is out of job for some period. However, this cannot imply that the applicant has no means. - applicant is directed to deposit an amount of ₹ 5,00,000 within a period of six weeks - Partial stay granted.
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