2008 (6) TMI 496 - AT - Central Excise

Summary

Issues involved:
The judgment deals with stay applications against the waiver of pre-deposit of duty and penalties imposed, involving M/s. Sofina Fashion, M/s. Sheetal Exports, M/s. Karishma Overseas, and M/s. Krishna Exports.

Issue 1: Recovery of duty on Cenvat credit utilized by M/s. Sofina Fashion:
The case revolves around the recovery of duty on Cenvat credit utilized by M/s. Sofina Fashion to claim rebate on exported goods. The Revenue alleges that M/s. Sofina Fashion had no manufacturing facility when they claimed the rebate. The other three applicants are accused of being involved in exporting goods with penalties imposed under Rule 26 of the Central Excise Rules, 2002.

Details:
The counsel for M/s. Sofina Fashion argues that since the applicant filed Nil monthly returns, there was no availment of Cenvat credit. They claim that the applicant was merely a dummy and the real orchestrator was someone else. The Revenue contends that this was an organized syndicate attempting to defraud the government by generating fake documents.

Decision:
The Tribunal finds the argument that M/s. Sofina Fashion was unaware of the fraud to be unacceptable. While acknowledging the financial difficulties of the applicant, a partial pre-deposit of Rs. 1,00,000 is ordered, with the balance amount waived subject to compliance. The other three applicants are directed to make partial pre-deposits of Rs. 50,000, Rs. 75,000, and Rs. 20,000 respectively, with the balance amounts similarly waived upon compliance.

Conclusion:
The Tribunal disposes of all stay applications in accordance with the detailed orders provided for each applicant, emphasizing the need for partial pre-deposits and compliance within the specified timeline.