Contact us   Feedback   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (11) TMI 369 - CESTAT CHENNAI

2015 (11) TMI 369 - CESTAT CHENNAI - TMI - Waiver of pre deposit - availment of cenvat credit - Non receipt of inputs - Held that:- Appellants have availed credit on CVD paid on the aluminium scrap based on the invoices. Taking into account the amount already appropriated, prima facie, appellants have not made out a case for waiver of predeposit - Upon makin pre deposit M/s. Vignesh Alloys Pvt. Ltd., predeposit of balance duty and penalty on them and predeposit of penalty imposed on its Director .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Advocate For the Respondent : Shri R. Subramaniyan, AC (AR) Appeal No. E/S/41292/2014 in E/41056/2014, E/S/41293/2014 in E/41057/2014, E/S/41294/2014 in E/41058/2014, E/S/41295/2014 in E/41059/2014, E/S/41296/2014 in E/41060/2014, E/S/41297/2014 in E/41061/2014, E/S/41298/2014 in E/41062/2014, E/S/41299/2014 in E/41063/2014, E/S/41300/2014 in E/41064/2014, E/S/41304/2014 in E/41070/2014, E/S/41309/2014 in E/41074/2014, E/S/41312/2014 in E/41077/2014, E/S/41319/2014 in E/41085/2014, E/S/41320/201 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d Sons as above are not represented. Rest of the appellants are represented by Shri S.Durairaj, Advocate. 4. The issue relates to availment of cenvat credit on the invoices without receipt of inputs viz. Aluminium Scrap. DGCEI, Mumbai registered an offence case and investigated the case and issued SCN dt. 6.11.2009. The adjudicating authority viz. Commissioner of Central Excise, Coimbatore in his order dt. 31.12.2013 confirmed the demand and recovery of ₹ 3,14,24,906/- as ineligible cenvat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bmits that appellants claimed that an amount of ₹ 2,00,94,009/- was debited. Revenue on verification considered that debit was erroneous and issued a SCN dt. 6.6.2014 demanding erroneous debit amount. He further submits that Shri R.Vijaykumar (Sl.No.3) is the Director of appellant M/s.Vignesh Alloys Pvt. Ltd. and the proprieties of the company have already been attached by Canara Bank under SARFAESI Act,2002. He also submits that appellants at Sl.No.7 to 11 have partly deposited of the pen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

inding and submits that appellant's claim for debit of ₹ 2,00,94,009/- has already been rejected by the department and SCN has been issued for demanding cenvat credit. 7. After hearing both sides and on perusal of OIO, statements and the diversion of imported scrap whereas the appellants have availed credit on CVD paid on the aluminium scrap based on the invoices. Taking into account the amount already appropriated, prima facie, appellants have not made out a case for waiver of predepo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version