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2008 (4) TMI 751 - AT - Central ExciseWaiver of pre-deposit - CENVAT credit availed on the basis of invoices - Held that - ince the issue requires detailed analysis of the evidence, we direct the applicant to deposit an amount of ₹ 10,00,000/- (Rupees ten lakhs) within eight weeks from today and report compliance on 30th June 2008 to the ld. Commissioner (Appeals).
Issues:
Waiver of pre-deposit of amount and penalty imposed on the applicant for Cenvat credit availed on invoices. Analysis: The applicant filed an application seeking waiver of pre-deposit of Rs. 38,60,250/- and the equivalent penalty. The main issue revolved around the Cenvat credit availed by the applicant based on invoices, as alleged in the show cause notice. The ld. Commissioner (Appeals) dismissed the appeal due to non-compliance with the pre-deposit directive. The applicant's counsel argued that the situation was similar to a previous case, M/s. Bhagwati Steelcast Ltd., where the Tribunal had granted unconditional stay. It was contended that the adjudicating authority did not consider all the documentary evidence presented and did not entertain the cross-examination request. The counsel requested a complete waiver of the pre-deposit and a remand to the adjudicating authority for a thorough review. Upon reviewing the submissions and records, the Tribunal noted that the Commissioner (Appeals) did not provide any findings on the case's merits and dismissed the appeal solely on the non-compliance basis. Recognizing the need for a detailed analysis of the evidence, the Tribunal directed the applicant to deposit Rs. 10,00,000/- within eight weeks and report compliance by a specified date. Once the pre-deposit was made, the Commissioner (Appeals) was instructed to hear the appeal without requiring further pre-deposit and to decide on the merits of the case. The appeal was allowed for remand to the Commissioner (Appeals) for a comprehensive review. Consequently, the stay application and the appeal were disposed of based on the terms outlined in the judgment.
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