9911796707
TMI Blog2010 (2) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellant. Shri Virendra Chaudhary, SDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - Heard the ld. Advocate for the appellants and ld. DR for the respondent. Placing reliance in the decision of the Larger Bench in the matter of ABB Ltd. v. Commissioner of Central Excise and Service Tax, Bangalore - 2009 (15) S.T.R. 23 (Tri.-LB) ld. Advocate for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the absence of such evidence it is not established that the appellant has fulfilled the three conditions as discussed supra." 2. Apparently the authorities below have denied the benefit of the credit on account of failure on the part of the appellants to produce the cogent evidence regarding actual supply of goods from FOR basis providing of insurance cover and document indicating the fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such decision does not arise. Even otherwise, when the orders sought to be challenged clearly disclose the finding about failure on the part of the assessee to produce cogent evidence in support of the contention of the assessee that the supply was on FOR basis, it is difficult to accept the contention on behalf of the appellants. 6. As regards copies of invoices and purchase orders produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re amount claimed under the impugned order. It was also stated that for the financial year ending 31st March, 2009, the accumulated loss was Rs. 11.30 Crores. Indeed there are averments to that effect in the application of stay and in support thereof, the balance sheet has been produced. However, balance sheet also discloses the current assets, loans and advances as under : Current Assets, Loan a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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