2011 (5) TMI 461 - AT - Central Excise

Waiver of pre-deposit - MODVAT Credit - Irregular availment of MODVAT Credit on the basis of fake and fictitious invoices issued by non-existent and bogus manufacturing units - The said issue stand decided by the Tribunal in number of other appellants identically situate in the case of M/s Bhagwati Silk Mills vide which the Tribunal in the above referred decision has considered identical appeals of the other appellants similarly situate and has remanded the matter to the original adjudicating authority for de-novo decision in the light of the observations made therein - Stay Petition is, accordingly, allowed

Summary

The Appellate Tribunal CESTAT, Ahmedabad, in the case of irregular MODVAT Credit, set aside the impugned order and remanded the matter to the original adjudicating authority for fresh decision based on a previous decision involving similar circumstances. Stay petition and appeal allowed.