2011 (2) TMI 984 - AT - Central Excise

Modvat credit - Availed credit on the basis of fake and fictitious invoices issued by the non existent weavers - Held that - As Tribunal in the case of M/s. Bhagwati Silk Mills 2011 (1) TMI 239 - CESTAT, AHMEDABAD has considered identical appeals of the other appellants similarly situate and has remanded the matter to the original adjudicating authority for denovo decision in the light of the observations made therein - Stay petitions as also appeals get disposed off.

Summary

The Appellate Tribunal CESTAT, Ahmedabad, in the case of Mrs. Archana Wadhwa v. Shri R.S. Sangia, held that pre-deposit of balance duty and penalty is waived as Rs. 5 lakhs out of Rs. 22 lakhs has been paid. The duty was denied due to fake invoices, similar to M/s. Bhagwati Silk Mills case, leading to a remand for fresh decision by the original authority. Stay petitions and appeals were disposed of accordingly.