2011 (10) TMI 165

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....on in these cases are as follows: 2.1 The appellant, M/s MITC Rolling Mills Pvt. Ltd., are manufacturers of MS ingots falling under Chapter 72 of the Central Excise Tariff Schedule. Intelligence was received by the department saying that the appellants are taking CENVAT credit on duty paid on inputs, namely, trimmings scrap of iron and steel without actually receiving the scrap into their factory. Investigation was conducted by the department and it was found that during the months of August to October, 2003 the appellants had availed CENVAT credit amounting to Rs.6,55,435/- without receiving the materials into their factory. The transporter who was shown in the Central Excise invoices for transport of the goods admitted that even though....

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....nts submits that they have deposited a sum of Rs.6,55,435/-. He submits that they have a strong case in their favour and, therefore, waiver of pre-deposit of the balance amount of dues adjudged should be granted in their case. The appellants also rely on the judgment of the Hon'ble High Court of Bombay in the case of Jai Prakash Strips Ltd. vs. Union of India 2009 (243) ELT 341 (Bom) in support of their claim for waiver of pre-deposit. 4. The learned AR appearing for the Revenue submits that it is a clear case of fraud wherein the appellants took CENVAT credit of duty paid on materials without actually receiving the materials and there is strong evidence adduced by the department by way of statements of transporter and statements of actu....