2011 (6) TMI 93

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.... Shri R.S. Srova, JDR   Per : Dr. P. Babu;   After allowing the early hearing application we take up the stay petition and allow the same, since the applicant/appellants has already deposited the entire amount of duty of Rs. 14,17,498/- confirmed against them. Inasmuch as the issue involved in the present appeal is covered by the precedent decisions of the Tribunal, we take up the ....

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....here were non existent/ fictitious organisation and the export documents were found to be forged. On the above ground, proceedings were initiated against the present appellants for recovery of modvat credit on the ground that no fabrics were sent by M/s. Jhanwar International for processing to the appellants. The original adjudicating authority passed an order confirming demand of Rs. 16,12,620/- ....

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....t payee cheques to them which was subsequently encashed. There was no evidence to show that the appellants have returned cash to M/s. Jhanwar International. The appellants further argued that merely because M/s. Jhanwar International committed fraud by showing the fake export, it cannot be alleged that the appellants had not received the grey fabrics or not despatched the processed fabarics. &nbsp....

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....ant in respect of the grey fabrics received by them on the ground that no manufacturing process has taken place at the appellant s premises. If the said stand of the Revenue is accepted, it will lead to the fact that no duty payment on the final product was required. However it is seen that apart from using the said modvat credit for payment of duty, the appellants have also paid an amount of Rs. ....