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2015 (1) TMI 448 - CESTAT BANGALOREDenial of CENVAT Credit - appellants did not produce purchase orders for the finished goods sold by them after processing - Held that:- There is no finding on the claim of the appellants that the finished goods have been processed; there is no finding of the Commissioner that the flow chart was not based on fact; there is no finding on the submission that appellants had maintained detailed accounts and they had documents for issue of the material and use of the same; there is no finding that the processed goods had in fact not been sold in the Indian market / export market by the appellants on payment of duty; there is no finding that the claim of the appellants that the products were sold at much higher price and therefore the CENVAT credit availed by them had been completely reversed is wrong; there is no finding that there was actually no clearances of the finished goods to the customers. Purchase order is not statutory document and in the absence of it being a statutory requirement even if the purchase order is not there, the appellant cannot be found fault with if they had sold the goods and in the absence of any finding that the goods have not been sold or the documents shown regarding sale were fictitious /bogus and in the absence of finding that the goods were not manufactured by the appellant, just because the appellants had made a declaration that they were transferring the finished goods at the time of conversion, it cannot be said that they became disentitled to CENVAT credit. In this case basically, the case is based on complete facts and as per the facts, the appellants used the intermediate products and the finished goods in the manufacture of final products which they cleared on payment of duty/export. That being the position, the appellant is eligible for CENVAT credit utilised by them and in our opinion, there is no case for the Revenue at all. - Decided in favour of assesse.
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