Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (8) TMI 881 - AT - Central ExciseWaiver of predeposit of cenvat credit - written off of inputs / stock - shortage in stock - Held that:- Demand has been confirmed on the ground that even though the credit had been availed on the inputs, but the same were not used in or in relation to the manufacture of finished goods. It is the submission of the ld. Advocate for the Applicant that the inputs were not removed from the factory and were lying inside the factory premises even if the same were written off from their books of accounts. Therefore, no cenvat credit is required to be reversed. It is the case of the Department that the applicant could not justify through evidences that even after writing off the inputs from their books of accounts, the same are still usable and available inthe factory. I find that the case rests onappreciation of evidences adduced by both sides. Prima-facie, the show-cause notice dated 4th May, 2007, had been issued relating to shortage of stock of inputs noticed in the premises of the Applicant. - stay granted partly.
|