2014 (12) TMI 592

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... espondent : Mr A K Nigam, AR JUDGEMENT Per: B S V Murthy: On the ground that appellant had availed CENVAT credit wrongly, an amount of Rs. 3,28,51,708/- with interest has been demanded besides imposing penalty under CENVAT Credit Rules 2004 on the appellant. The period involved is 2005-06 to 2008-09. 2. The wrong availment has been concluded on the ground that the documents were either not av .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... We consider that the issue arose somewhere in the year 2008-09 and thereafter the appellants took steps to rectify and therefore there is no demand for the subsequent period. The show-cause notice was issued in 2010 and now it is more than 5 years since the issue was opened, yet the appellants have not taken any steps to cure the defect for the past period. Even before the commissioner, no details .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1,88,61,621/- this demand has arisen because the invoices were found to be not in the name of the appellants but in the name of their branch offices. Learned counsel submitted that appellants have produced proof to show that other branch offices/officers have not taken credit. Learned counsel submits that the matter may be remanded for consideration of the submissions regarding certificates issue .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the tax has been paid or not and the law itself provides that if an application for registration is made, that would be sufficient. Therefore this aspect also needs to be reconsidered. 6. The above observation would show that the matter in any case has to be remanded for verifying the claims in respect of three demands. In the normal course, we would not have required the assessee to make a depos .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... show that this can be treated as rectifiable defect which also the appellants are required to show before the original authority. Under these circumstances the matter cannot be remanded without putting the appellants to terms. Accordingly, the appellant is directed to deposit Rs. 1,50,00,000/- (rupees one crore fifty lakhs only) within eight weeks from today and report compliance to the Commission .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X