2014 (2) TMI 869

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.... For the Appellant : Mrs Kiran Doiphode , Adv . For the Respondent : Shri K Sivakumar , Addl. Commissioner (AR) PER : M V Ravindran All these Stay Petitions pertains to same appellants and hence these are being disposed of by a common order. 2. The issue involved in these cases is regarding waiver of pre-deposit of amount sought to be recovered from the appellants which is confirmed ....

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.... and exported. It is her submission that the adjudicating authority in Para 27 & 35 has specifically held that M/s Aishwarya International and its proprietor Shri Manish Dineshchandra Panwala are the persons behind the modus operandi of encashing the in-eligible CENVAT Credit , she would also draw our attention to the show cause notice and more specifically Para 18, wherein the show cause notice s....

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....appellants before the Tribunal were, in fact, the main brain behind creation of M/s Aaishwarya International. It is also his submission that one of the appellant Shri Hiren R. Kapadia , is a financer and has witnessed, the lease agreement entered by M/s Aaishwarya International with the owner. It is his submission that Shri Nikunj R. Kapadia had withdrawn an amount of Rs.10 lakhs from the account ....

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....posed on a proprietor/ concern, from others, it was informed that there is no such provision for recovery. On the face of it, we find that the amounts which are confirmed against M/s Aaishwarya International as dues, at the utmost, can be recovered from the proprietor of M/s Aaishwarya International and not from individuals who are, prima facie, in no way connected with the activities of such firm....