2011 (2) TMI 170

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....L, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Present: Mr. Arun Nehra, Advocate for the petitioners.   ADARSH KUMAR GOEL, J (Oral)   1. This petition seeks quashing of order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 10.11.2010 declining complete waiver of requirement of pre-deposit for hearing of appeal under the Central Excise Act, 1944 and instead granti....

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....y material, are directed to deposit 50% of the penalty imposed on them by the impugned order, within eight weeks from the date of this order. Shri Vijay Gupta, MD of appellant no.1, who prima facie appears to be the person at the centre of this fraud, is directed to deposit an amount of Rs.5 lakhs within eight weeks from the date of this order. Since Shri Harnail Singh, Accountant, is just employe....

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....er occasions petitioners were granted complete waiver;   ii) The finding that the petitioners availed of cenvat credit on fake invoices without receiving the goods was erroneous as petitioner consumed electricity for manufacture of goods from the inputs;   iii) Omission of entries at Information Collecting Centre could not be conclusive of movement of goods;   iv) Possessio....