2007 (7) TMI 274 - AT - Central Excise

Fact that assessee have taken re-credit of the entire amount in CENVAT account was not brought to tribunal s notice when tribunal granted waiver of pre-deposit held that assessee cannot claim undue advantage of duel benefits viz. the benefit of waiver and stay of recovery and the self-availed benefit of CENVAT credit

Summary

Issues:
1. Application for change of appellant's name.
2. Application for recall of the tribunal's order regarding CENVAT credit.

Issue 1: Application for change of appellant's name
The judgment involves applications for changing the name of the appellant company in various appeals. The company's name had been changed to 'J.K. Tyre & Industries Ltd.' as certified by the Registrar of Companies. The application lacked supporting evidence initially, but a 'Fresh Certificate of Incorporation Consequent upon Change of Name' was produced, indicating the name change since 2-4-2007. The tribunal decided to allow the applications for changing the name of the company to 'J.K. Tyre & Industries Ltd.' based on this document and the counsel's request. The change of name was approved for all appeals related to the company.

Issue 2: Application for recall of the tribunal's order regarding CENVAT credit
The second issue pertains to an application filed by the assessee seeking the recall of the tribunal's order dated 8-6-2007 regarding the reversal of CENVAT credit. The applicant argued that they were entitled to the refund realized based on previous orders. However, it was revealed that the applicant had already re-credited a substantial amount in their CENVAT account without disclosing this fact during previous proceedings. The tribunal noted that the applicant's conduct was blameworthy for not disclosing this crucial information earlier. As a result, the tribunal concluded that the applicant was not entitled to recall the directive to reverse the CENVAT credit. The application for recall was dismissed, emphasizing the need to prevent abuse of the tribunal's process and ensure justice. The appeals were scheduled for a final hearing subject to the reversal of credit and the production of the Range Officer's certificate as previously directed.