TaxTMI 
TaxTMI 
2010 (2) TMI 702
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....Shri R. Krishnan, Advocate, for the Appellant. Shri Virendra Chaudhary, SDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - Heard the ld. Advocate for the appellants and ld. DR for the respondent. Placing reliance in the decision of the Larger Bench in the matter of ABB Ltd. v. Commissioner of Central Excise and Service Tax, Bangalore - 2009 (15) ....
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....ral part of the value of excisable goods. In the absence of such evidence it is not established that the appellant has fulfilled the three conditions as discussed supra." 2. Apparently the authorities below have denied the benefit of the credit on account of failure on the part of the appellants to produce the cogent evidence regarding actual supply of goods from FOR basis providing of ins....
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.... any High Court, the question of placing reliance on such decision does not arise. Even otherwise, when the orders sought to be challenged clearly disclose the finding about failure on the part of the assessee to produce cogent evidence in support of the contention of the assessee that the supply was on FOR basis, it is difficult to accept the contention on behalf of the appellants. 6. As ....
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....ial difficulties if they are compelled to deposit entire amount claimed under the impugned order. It was also stated that for the financial year ending 31st March, 2009, the accumulated loss was Rs. 11.30 Crores. Indeed there are averments to that effect in the application of stay and in support thereof, the balance sheet has been produced. However, balance sheet also discloses the current assets,....