9911796707
TMI Blog2014 (1) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... dit on raw material procured by them from various sources. A search of the appellant's premises revealed that inputs were not received by the appellant and the transactions which formed basis for availing cenvat credit, were mere a paper transactions. The appellant's supervisor and melter made statements which clearly prove that the material received could not be used for melting. A finding of fact was also recorded that out of 203 invoices, corresponding goods received are not available with regard to 142 invoices. Out of ten transporters, seven were found to be nonexistent and three have denied having transported material to the appellant. The registration numbers of four trucks were found to be fake - no reason to hold that the CESTAT co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant. It is further submitted that statements relied by the Assessing Officer while imposing penalty and duty were not supported by authors of these statements and as the appellant was not allowed to cross-examine all the witnesses whose statements form foundation of the assessment order, the impugned order is null and void. It is further submitted that various other witnesses relied upon by the respondents for recording a conclusion relating to evasion of duty, denied their statements during cross-examination, thereby renders the demand of Rs.81.41 lacs with an equal amount of penalty, null and void. It is further contended that the appellant is unable to pay the duty demanded as is apparent from the balance sheet, appended with C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the parties, perused the impugned order and find no reason to entertain the appeal much less grant any relief to the appellant whether by reducing the amount of pre-deposit, or allowing the appellant to furnish a bank guarantee or a personal bond. We may have considered the appellant's financial hardship, as we are conscious that dismissal of an appeal for failure to deposit the amount of pre-deposit determined, in essence, deprives a party its right of filing an appeal but as facts of the present case prima-facie disclose an unmitigated fraud perpetuated by the appellant while availing cenvat credit on raw material allegedly procured by them from various sources, are not inclined to grant any relief to the appellant. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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