TMI Blog2014 (5) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants factory which was after a period of 2 years from the date of receipt of furnace. There is virtually no evidence on record to indicate that the furnace was not used by the appellant during intervening period. No statement of any person stand recorded by the Revenue. If the Revenues pleads allegations, minimum required from them was to complete investigation by recording the statements of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansferred the said furnace as such to the present appellant by reversing the Cenvat credit. On receipt of the furnace, the appellant availed the credit.Their factory was visited by the Audit in February, 2009, who found that the furnace was lying in the appellants factory as scrap. From the said, the Audit entertained a view that furnace has not been used by the appellant and as such credit was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nace was not used. 4. After appreciating the above submissions, I find that Revenues case is only and only based upon the physical condition of the furnace noticed by the Audit party at the time of their visit to the appellants factory which was after a period of 2 years from the date of receipt of furnace. There is virtually no evidence on record to indicate that the furnace was not used by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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