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TMI Blog2015 (6) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... istered these five firms (hereinafter referred to as Muni Group of Companies) in the Central Excise. These Muni Group of Companies were granted registration certificate by the applicant. The applicant also has given certain reports about these firms/companies which were later on found to be factually incorrect, for example, he has verified that the Muni Group of Companies exist and there is a factory building. This report was given even before the said firms/companies took that place on lease and later on, it was found that there was no factory. Further, these group of companies purportedly exported the goods through merchant exporters. They claimed huge cenvat credit based upon certain documents without receiving any goods and later on, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tures were sent to a private handwriting expert and all the signatures have not been verified and the signatures on all the other documents have not been verified by the Revenue before coming to any conclusion. The learned counsel submitted that it appears that in large number of cases, somebody has forged his signature and he cannot be held responsible for the same. 2.1 Another submission made by the learned counsel for the applicant was that penalty under Rule 26 cannot be imposed as sub-rule (2) of Rule 26 has been introduced later on. 3. Learned Additional Commissioner (AR), on the other hand, opposed the stay application and his initial objection was that all the points that are being taken by the learned counsel for the applicant ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds for stay petition. Most of the arguments being advanced by the learned counsel for the applicant are neither part of the grounds of appeal nor part of the application for stay. We also note that a number of opportunities were given by the adjudicating authority and the applicant failed to avail these opportunities. The least that was expected was to attend one of such personal hearing and explain to the Commissioner the details of the documents required by him, which are not being given to him. In fact during the hearing, we asked the learned counsel for the applicant the details of the documents which have not been given to the applicant and their relevance. The learned counsel could not tell the details of the documents required b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince 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. The learned counsel for the applicant has also submitted that the applicant has been out of job for number of years and has no means of earning and his financial position is very poor. It may be true that the applicant is out of job for some period. However, this cannot imply that the applicant has no means. 6. Keeping in view the overall facts and circumstances of the case, the applicant is directed to deposit an amount of Rs. 5,00,000/- (Rupees five lakhs only) within a period of six weeks and report compliance on 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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