2015 (3) TMI 860

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....e assessee is engaged in the manufacturing of tyres, tubes and flaps falling under Chapter sub-heading No.4011.10.90, 4012.10.20 and 4012.90.49 under Central Excise Tariff Act, 1985 and availing facility of credit of duty or cess paid on inputs, capital goods and input services used in the manufacture of the said products under the CENVAT Credit Rules, 2004. On a scrutiny of documents, the Department found that the assessee had not assessed their finished goods under Section 4A of the Central Excise Act, but undervalued the goods and wrongly availed the benefit of Cenvat credit. Hence, the Department issued show cause notice to the assessee alleging that the assessee had manufactured and cleared tyres, tubes and flaps by adopting Section 4 ....

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....y confirmed vide order-in-original No.02/2012 dated 14.02.2012. 5. The assessee filed an appeal against the order of the Adjudicating Authority dated 14.2.2012 before the Commissioner (Appeals), who allowed the same holding that the impugned goods were sold to institutional consumers and not for retail sale, in bulk, and were not in a packed conditions and hence, the provisions of Section 4A of the Central Excise Act would not apply. Accordingly, the Commissioner (Appeals), vide order dated 08.05.2013, set aside the order-in-original No.02 of 2012 dated 14.2.2012 passed by the Adjudicating Authority. 6. As against the order of the Commissioner (Appeals) dated 20.3.2013, the assessee pursued the matter before the Tribunal by filing an ....

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....lant submitted that the assessee is suffering from financial hardship on account of long layoff and continued lockout. He further submitted that the company was under winding up and the proceedings are pending before the Supreme Court. 10. Heard learned counsel appearing for the appellant and perused the materials placed before this Court. 11. It is seen from the order of the Tribunal that even though the assessee pleaded financial hardship before the Tribunal, the assessee did not produce any documents to prove the same. Before us also, learned counsel appearing for the appellant pleaded financial hardship but no details or documents have been furnished in support of such a plea. We find no good reason to accept such a mere statement....