Customs, Excise and Gold Tribunal - Mumbai
National Flask Industries Ltd. vs Commissioner Of Customs And Central ... on 7 December, 2001
Equivalent citations: 2002(81)ECC495
JUDGMENT
1. This stay application is against the order of the lower authorities who have determined that an amount of Rs. 3,45,347/- availed as modvat credit was not eligible as the appellant said to have lost the documents even though they have received the goods in their factory.
2. I have heard both sides and find that the learned Chartered Accountant for the appellant have submitted before me that they had not made any application for condoning the loss of documents and eligibility of credit on re-constructed documents to the proper officer. Prima facie, if the applicant, who are permitted to make such application, have not made the application was not eligible for the grant of credit. They should be put to certain terms of pre-deposit before their appeal is heard. I would consider a pre-deposit of Rs. 2 lakhs to be adequate in the facts and circumstances of this case. The same should be deposited within a period of 5 weeks and compliance thereof to be reported on 11/01/2002 and on such compliance further recovery stand waived till the hearing of this appeal.
3. Stay application disposed off in the above terms.