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2014 (1) TMI 1010 - CESTAT AHMEDABADAbetment of availment of Cenvat credit without receiving the inputs – Waiver of Pre-deposit of penalty under Rule 26 of Central Excise Rules, 2002 – Held that:- The documents on which the credit was availed is on the bills of entries and were purchased on high sea sale basis - the appellants cannot be charged under Rule 26, if it is the case of the Revenue that the main assessee has received only the documents on which the credit was availed, then the provisions of Rule 26 (1) will not apply, and the provisions of Rule 26 (2) will also not apply as the appellants have not issued any document on which someone has availed the Cenvat credit - the appellant has made out a case for the waiver of pre-deposit of amounts – Pre-deposits waived till the disposal – stay granted.
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