2004 (3) TMI 635 - AT - Central Excise

Summary

Issues:
Waiver of pre-deposit and stay of recovery regarding duty amount and penalty imposition.

Analysis:
The case involves an application seeking waiver of pre-deposit and stay of recovery for duty amount and penalty. The original authority disallowed credit of Rs. 82,814/- to the assessee for inputs not received, imposing a penalty of Rs. 10,000/-. The assessee's appeal to the Commissioner (Appeals) was unsuccessful, leading to the present appeal before the Tribunal. The assessee claimed to have received the inputs supported by GRs, payment vouchers, and statutory records. However, lower authorities found no evidence of actual receipt under the relevant invoice. The Commissioner (Appeals) doubted the genuineness of payments to the input supplier, suggesting they could be paper transactions. The Tribunal noted a strong case for the applicants based on the evidence presented, granting waiver of pre-deposit and stay of recovery.

The key contention revolved around the receipt of inputs by the assessee, with the original authority denying credit due to lack of evidence of actual receipt. The Commissioner (Appeals) upheld this decision, questioning the genuineness of payments to the input supplier. The Tribunal acknowledged the documentary evidence presented by the party but noted the Commissioner's reliance on conjecture rather than concrete evidence. This distinction was crucial in determining the outcome of the case, leading to the grant of waiver and stay of recovery.

The Tribunal's decision to grant waiver of pre-deposit and stay of recovery was primarily based on the assessment of the evidence provided by the party. While the lower authorities raised doubts regarding the actual receipt of inputs and the genuineness of transactions, the Tribunal found a strong case in favor of the applicants. The Tribunal's analysis focused on the documentary evidence, highlighting the need for concrete proof to support the claims made by the assessee. The decision to post the appeal for further hearing indicated the Tribunal's intention to delve deeper into the matter before reaching a final judgment.