2013 (10) TMI 795

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....ORDER Per Rakesh Kumar:- The appellant are second stage dealer dealing in steel items. During 2004-2005 they had issued certain invoices regarding supply of C.R. Strip to M/s. Rasandik Engineering Industries India Ltd. on the basis of which M/s. Rasandik have taken the Cenvat Credit of Rs. 98,813/-. Subsequent enquiry revealed that M/s. Nidhi Enterprises as a second stage dealer had procured....

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.... 15 of the Cenvat Credit Rules, 2002, also imposed penalty of Rs.90,000/- on appellant M/s. Nidhi Enterprises under Rule 26 of the Central Excise Rules,2002. This order of Deputy Commissioner was upheld by Commissioner (Appeals) vide order-in-appeal dt. 27.11.12 against which this appeal has been filed along with stay application. The Commissioner (Appeals) in the impugned order relied upon the ju....

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....d recovery thereof may be stayed. 4. Sh. P.K. Sharma, ld. DR, opposed the stay application by reiterating the findings of the Commissioner (Appeals) and relied upon the judgment of Hon'ble Punjab & Haryana High Court in the case of V. K. Enterprises (Supra). 5. I have considered the submissions from both the sides and perused the records. Prima facie when the appellant claim to have purchase....

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....er Rule 25(1)(d), as the person who purports to have sold the goods, cannot say that he was not a person concerned with selling of the goods and merely issued invoices or that he did not contravene any provision relating to evasion of duty. In view of this, this is not case for total waiver. The appellant, therefore, are directed to deposit an amount of Rs. 20,000/- within a period of 4 weeks from....