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TMI Blog2011 (10) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant, M/s MITC Rolling Mills Pvt. Ltd., are manufacturers of MS ingots falling under Chapter 72 of the Central Excise Tariff Schedule. Intelligence was received by the department saying that the appellants are taking CENVAT credit on duty paid on inputs, namely, trimmings scrap of iron and steel without actually receiving the scrap into their factory. Investigation was conducted by the department and it was found that during the months of August to October, 2003 the appellants had availed CENVAT credit amounting to Rs.6,55,435/- without receiving the materials into their factory. The transporter who was shown in the Central Excise invoices for transport of the goods admitted that even though he had lifted the material from the suppliers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,435/-. He submits that they have a strong case in their favour and, therefore, waiver of pre-deposit of the balance amount of dues adjudged should be granted in their case. The appellants also rely on the judgment of the Hon'ble High Court of Bombay in the case of Jai Prakash Strips Ltd. vs. Union of India 2009 (243) ELT 341 (Bom) in support of their claim for waiver of pre-deposit. 4. The learned AR appearing for the Revenue submits that it is a clear case of fraud wherein the appellants took CENVAT credit of duty paid on materials without actually receiving the materials and there is strong evidence adduced by the department by way of statements of transporter and statements of actual purchasers of goods, etc. Therefore, the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court, the Tribunal ordered the appellant to make a pre-deposit and for non-pre-deposit of the amount, the appeal was dismissed. The High Court held that reasonable time could have been granted to enable the person concerned to produce an order from the High Court when the appeal was filed and pending. In that case the High Court also noted that the appellant therein made out prima facie case in their favour for waiver of pre-deposit and also pleaded undue hardship in case pre-deposit ordered. In the instant case no financial difficulty or hardship is pleaded by the appellants and the evidence available on record does not support the appellant's case. 7. The interest liability in this case approximately works out to around Rs. 6 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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