Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 45 - CESTAT BANGALOREWaiver of predeposit and stay of recovery in respect of duty - Availment of CENVAT Credit - Held that:- No prima facie case for the appellant against the said demand of duty. It is not in dispute that CENVAT credit should not have been utilized during the said period. The aforesaid amount of Rs. 2,16,472/- should have been paid towards duty by debit in PLA. The appellant has not debited equivalent amount or any part thereof in PLA at any later stage. The learned counsel for the appellant submits that they have since wound up their business and surrendered registration certificate to the department. These facts, however, have not been stated in the memo of appeal or the stay application despite the fact that the surrender of registration certificate occurred prior to filing of the appeal. Even in the context of pleading financial hardships in the stay application, the appellant chose not to mention the above facts. Be that as it may, the fervent plea of financial hardships, raised by the learned counsel, will be considered to a reasonable extent - Conditional stay granted.
|