2011 (6) TMI 64 - AT - Central Excise

MODVAT Credit - Availment of MODVAT Credit on the basis of fake and fictitious invoices issued by non-existent units - issue is covered by the earlier decision of the Tribunal in the case of M/s. Bhagwati Silk Mills (2011 -TMI - 203593 - CESTAT, AHMEDABAD) - Thus, remanding the matter to original adjudicating authority for fresh decision in the light of judgment of Tribunal in case of M/s Bhagwati Silk Mills - No objection by revenue - The ROA application as also appeal gets disposed off in above manner.

Summary

The appeal was dismissed for non-compliance with a Stay Order. The appellant deposited 25% of the duty amount and requested restoration based on a previous Tribunal decision. The appeal was restored and remanded to the adjudicating authority for a fresh decision. The issue was covered by the earlier decision in the case of M/s Bhagwati Silk Mills. The appeal and application were disposed of accordingly.