2013 (11) TMI 1145 - AT - Central Excise

Fraudulent availment of Cenvat credit Cenvatable invoices received without having name of office godown premises - Waiver of Pre-deposit Held that - Appellant has not received the goods under invoices issued by the dealer because the dealer did not have godown for receipt, storage and sale of the goods in the absence of which, it is difficult to conclude that the goods were received by the appellant from the concerned dealer - appellant does not have prima facie case in their favour for complete waiver of pre-deposit the appellant directed to make deposit of Rupees Seventy-five thousand as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues: Stay application for waiver of pre-deposit of duty and recovery of penalty. Allegation of fraudulent availment of Cenvat credit based on invoices issued from premises not in control of the dealer.

Analysis:
1. The appellant, Pawan Steels, filed a stay application seeking a waiver of pre-deposit of duty and recovery of penalty amounting to Rs. 2,21,820 imposed by lower authorities and confirmed in the order-in-appeal passed by the Commissioner of Central Excise.

2. The allegation against the appellant was for fraudulent availment of Cenvat credit based on invoices issued from premises not under the control of the dealer from whom the goods were purchased. The dealer did not have a godown for receipt, storage, and sale of goods, raising doubts about the actual receipt of goods by the appellant.

3. The show cause notice accused the appellant of engaging in fraudulent transactions by receiving cenvatable invoices without the name of the office or godown premises. The original adjudicating authority imposed a penalty of Rs. 2,21,820, which was upheld by the Commissioner in the appeal filed by the appellant.

4. The Tribunal considered the facts and found that the appellant had not received the goods under the invoices issued by the dealer due to the absence of a godown. Consequently, the Tribunal concluded that the appellant lacked a prima facie case for a complete waiver of pre-deposit.

5. The Tribunal directed the appellant to make a deposit of Rs. 75,000 within 8 weeks and report compliance by a specified date. Upon compliance with the deposit, a stay against the recovery of the balance amount was granted. This decision was pronounced in the open court by Shri Sahab Singh, J.

This detailed analysis of the judgment highlights the issues raised in the case, the allegations against the appellant, the findings of the Tribunal regarding the receipt of goods, and the decision regarding the waiver of pre-deposit and penalty recovery.