TMI Blog2016 (1) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... nt for such fictitious clearance of final products who in turn could have availed cenvat credit. In other words, as the appellants admittedly have not manufactured any item relevant to the present case, the question of payment of such duty on final products does not arise. As such, the passover of credit by them to a third party becomes crucial for full compensation of revenue loss due to this illegal acts. In this situation, we find that the credit of duty utilized for purported clearance of final product by the appellants resulting in cenvat credit availment by buyers stands recovered at the buyers end as admitted by both the sides. The appellants in the written submissions submitted that the full amount of cenvat credit in the improper p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order dated 7.1.2009. The original authority confirmed the demand of Cenvat Credit and imposed equal amount of penalty. He also imposed penalties on various persons including Shri Praveen Chandra (Rs.50 lakhs). The appeals against the impugned order were decided by this Tribunal vide order dated 4.9.2009. The appellants challenged the above said order before Hon'ble Punjab and Haryana High Court by way of writ petition. The Hon'ble High Court vide order dated 6.10.2009, after considering the appellants grievance regarding disposal of appeals themselves at the time of hearing stay petitions directed the appellants to file application for recalling the earlier orders of this Tribunal. Accordingly, on the applications filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rance of final products will only pass on the undue benefit or credit with reference to buyers from respondent for such fictitious clearance of final products who in turn could have availed cenvat credit. In other words, as the appellants admittedly have not manufactured any item relevant to the present case, the question of payment of such duty on final products does not arise. As such, the passover of credit by them to a third party becomes crucial for full compensation of revenue loss due to this illegal acts. In this situation, we find that the credit of duty utilized for purported clearance of final product by the appellants resulting in cenvat credit availment by buyers stands recovered at the buyers end as admitted by both the sides. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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