2011 (3) TMI 1104 - AT - Central Excise

Waiver of pre-deposit - modvat credit denied on the ground that the same was availed on the basis of fake and fictitious invoices - Held that - The issue stands decided by the earlier order of the Tribunal in the case of M/s. Bhagwati Silk Mills 2011 (1) TMI 239 - CESTAT, AHMEDABAD wherein Tribunal taking into consideration all the pleas raised by the appellants therein and has remanded the matter to original adjudicating authority to decide the matters afresh, after taking into consideration the instructions issued by the CBE&C and in the light of the observations made in the said order. Thus, the impugned order in the present case is set-aside and the matter remanded to the original adjudicating authority for fresh decision.

Summary

The Appellate Tribunal CESTAT, Ahmedabad, allowed the appeal by remanding the matter to the original adjudicating authority for fresh decision in the light of an earlier remand order. The appellant was not required to make a pre-deposit of the balance amount of duty and penalty. The Tribunal considered the issue of modvat credit being denied due to fake invoices and instructed a fresh decision based on previous orders.