Misc. Order Nos. 20389-20392/2014 in Application Nos. E/Stay/179-180/2012, E/COD/13-14/2012 in Appeal Nos. E/313-314/2012-DB. Case: Finecab Wires & Cables P. Ltd. Vs Commr. of C. Ex., Cus. & S.T., Hyderabad-I. Delhi High Court CEGAT & CESTAT Cases
| Case Number | Misc. Order Nos. 20389-20392/2014 in Application Nos. E/Stay/179-180/2012, E/COD/13-14/2012 in Appeal Nos. E/313-314/2012-DB |
| Counsel | For Appellant: Shri Joseph Dominic, Advocate and For Respondent: Shri N. Jagdish, AR |
| Judges | Shri B.S.V. Murthy, Member (T) and S.K. Mohanty, Member (J) |
| Issue | Central Excise Act, 1944 - Section 35F |
| Citation | 2014 (304) ELT 315 (Tri. - Bang.) |
| Judgement Date | Tuesday February 18, 2014 |
| Court | Delhi High Court CEGAT & CESTAT Cases |
Order:
B.S.V. Murthy, Member (T)
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Appellant is seeking condonation of delay of 6 days in filing the appeals. We find that the cause of delay has been explained satisfactorily. Therefore, we condone the delay and accordingly, COD applications are allowed.
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Learned consultant submits that the case against the appellant is availment of Cenvat credit without receiving inputs in their factory. He submits that the case of the department is based on the following:
Three suppliers have supplied copper wire to the appellant, the duty paid on which was availed as Cenvat credit of duty paid, but they did not have facility for manufacture; the power consumption in respect of one supplier was negligible which shows no production was possible; in respect of two other suppliers, they have not any manufacturing facility to convert ''copper wire rods'' into ''copper wire''; raw materials of the appellant is copper wire rods whereas the raw materials which they received...
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