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TMI Blog2011 (3) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be the one where no credit taken and goods are cleared without payment of duty - Another category would the one where cenvat credit is taken and goods are cleared on payment of duty - Since the lot number is not shown in the cenvat credit accounts, the problem has arisen - Nevertheless, once the input credit itself is not taken in the case of grey fabrics where finished fabrics are proposed to be cleared without payment of duty, the question of maintenance of separate accounts for cenvat credit, does not arise - Appellant has been able to make out a very strong prima facie case under these circumstances in their favour and therefore,consider it a fit case for waiver of pre-deposit and stay against recovery of the dues. - E/523 & 524 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cenvat credit taken on the inputs during the period from July 2004 to May 2007, demand for Central Excise duty of Rs. 6,14,77,378 has been confirmed by invoking proviso to Section 11A of Central Excise Act, 1944 with interest as applicable. Further penalty equal to duty has also been imposed on the first appellant. A penalty of Rs. 1.25 Crores has also been imposed on the second appellant i.e. Shri P.R. Patel, Director of the first appellant. 2. Seeking waiver of pre-deposit of dues and stay against recovery of the dues confirmed against the appellant, learned advocate submitted that appellants were not at all availing the cenvat credit of duty paid on inputs such as dyes and chemicals, which were being used by them in processing of fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit taken by the appellants falls only in two categories, as far as the grey fabrics supplied by the principals. One category would be the one where no credit taken and goods are cleared without payment of duty. Another category would the one where cenvat credit is taken and goods are cleared on payment of duty. Since the lot number is not shown in the cenvat credit accounts, the problem has arisen. Nevertheless, once the input credit itself is not taken in the case of grey fabrics where finished fabrics are proposed to be cleared without payment of duty, the question of maintenance of separate accounts for cenvat credit, does not arise. No one can be asked to make a non-existent entry. In the case of dealers, who opt to get the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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