2015 (3) TMI 205 - AT - Central Excise

Waiver of pre deposit - CENVAT Credit - Held that - Prima facie, ongoing through the invoices enclosed with the Appeal Memorandum, it is found that basic requirement of availing the CENVAT Credit has been complied with. I do not see any discrepancy at this stage, in the said invoices. In the result, the Applicant could able to make out a prima facie case for total waiver of the dues adjudged against them. Accordingly, predeposit of the dues adjudged is waived and its recovery stayed during the pendency of the Appeal - Stay granted

Summary

Issues:
1. Condonation of delay in filing the Appeal.
2. Stay petition for waiver of predeposit of CENVAT Credit.

Condonation of Delay in Filing the Appeal:
The Applicant filed a Miscellaneous Application seeking condonation of a three-day delay in filing the Appeal. The Advocate for the Applicant explained that the delay was due to the Appeal not being filed on time because of the Advocate's sickness. A Medical Certificate was presented as evidence to support the reason for the delay. The Advocate for the Revenue did not object to the facts presented. Considering the reasons provided in the Miscellaneous Application and supported by the Medical Certificate, the delay was condoned, and the Application was allowed.

Stay Petition for Waiver of Predeposit of CENVAT Credit:
The Applicant filed a Stay Petition seeking waiver of predeposit of CENVAT Credit amounting to Rs. 1.11 lakh. The demand notice was issued for the recovery of the CENVAT Credit, alleging irregular availment of the Credit on invoices from first/second stage dealers who were not registered. However, the Adjudicating Authority allowed the CENVAT Credit and dropped the proceedings. On appeal by the Revenue, the Commissioner (Appeals) set aside the Adjudication Order. The Applicant argued that the invoices in question were issued by registered first/second stage dealers, making the CENVAT Credit admissible. The Advocate for the Revenue supported the findings of the Commissioner (Appeals). Upon reviewing the invoices enclosed with the Appeal Memorandum, it was found that the basic requirements for availing the CENVAT Credit were met. No discrepancies were observed at that stage. Consequently, the Applicant established a prima facie case for the total waiver of the adjudged dues. As a result, predeposit of the dues adjudged was waived, and the recovery was stayed during the pendency of the Appeal. The Stay Petition was allowed, and the recovery of the dues was stayed.