2011 (2) TMI 170 - HC - Central Excise

Waiver of pre-deposit - Bogus transactions - The adjudicating authority has considered all the aspects of the matter and recorded a firm finding that petitioners availed cenvat credit on fake invoices - Mere fact that earlier complete waiver was granted and matter was remanded cannot by itself a ground to grant complete waiver - In absence of strong prima facie case on merits mere plea of financial hardship cannot be a ground to grant complete waiver - petition is dismissed

Summary

Issues:
Seeking quashing of order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) declining complete waiver of requirement of pre-deposit for hearing of appeal under the Central Excise Act, 1944 and instead granting partial waiver.

Analysis:
The petitioners sought complete waiver of the pre-deposit requirement for their appeal hearing, but the CESTAT granted only a partial waiver. The Tribunal directed specific parties to deposit varying amounts based on their involvement in the case. The petitioners argued that they were granted complete waivers on two previous occasions and disputed the findings that they availed cenvat credit on fake invoices. They also mentioned financial hardships, including the bank taking possession of their unit for recovery. However, the court found that the adjudicating authority had thoroughly considered the matter and concluded that the petitioners did avail cenvat credit on fake invoices. The Tribunal had not found a prima facie case on merits or financial hardship. Despite previous waivers and remand, the court upheld the partial waiver decision, stating that financial hardship alone cannot warrant complete waiver without a strong prima facie case on merits. The court dismissed the petition, finding no patent error in the Tribunal's interim order and no grounds for interference at that stage.