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2014 (8) TMI 218 - CESTAT NEW DELHIDenial of CENVAT Credit - description of the goods was changed from wire rods to steel rods or steel rounds alongwith the change in tariff entry - Imposition of penalty - Held that:- During the course of further investigation the statement of Shri Vijay Kohli, authorised signatory of the appellant was also recorded wherein he clarified that they have procured Steel Rods/Steel rounds from M/s.Regal Metals & Ferro Alloys and except the procurement of the goods from the said dealer on which they have availed the credit, they have not received any other raw-material from any other source. The said raw-material received by them has been used in the manufacture of final product which was cleared on payment of duty - Revenue s case is only based upon assumptions and presumptions. Revenue is infact, not disputing that the appellant had not received raw-material from the dealer. Merely because the description of wire rods was changed in some cases to steel rods or steel rounds, which is an alternative description of the wire rods, the Revenue cannot deny the credit to the appellant, who had admittedly received the goods and have utilized the same in the manufacture of their final product. As such, I set aside the impugned orders, without going into the alternative plea of the appellant, as regards the demands being time barred - Decided in favour of assessee.
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