2011 (5) TMI 33 - AT - Central Excise

Pre-deposit of duties and penalty - Modvat credit - Denying the appellant that the benefit of modvat credit on the ground that the same has been availed on the basis of fake and fictitious invoices issued by the non existent weavers - Held that set aside the impugned order and remand the matter to the original adjudicating authority for fresh decision, by taking into account the observations made in the case of M/s. Bhagwati Silk Mills (2011 -TMI - 203593 - CESTAT, AHMEDABAD) - Stay petitions as also appeals get disposed off.

Summary

The Appellate Tribunal CESTAT, Ahmedabad set aside the impugned order and remanded the matter to the original adjudicating authority for fresh decision, following a previous decision in the case of M/s. Bhagwati Silk Mills. The condition of pre-deposit of duties and penalty was dispensed with. Stay petitions and appeals were disposed of accordingly.