TMI Blog2017 (10) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... tive in availment of Cenvat Credit in respect of non-availability of subject goods in the factory - Appeal allowed - decided in favor of appellant. - E/50014/2017-[SM] - A/57095/2017-SM[BR] - Dated:- 14-9-2017 - Mr. S.K. Mohanty, Member (Judicial) Present for the Appellant: Mr. Rahul Tandon, Advocate Present for the Respondent: Mr. K. Poddar, D.R. ORDER Per: S.K. Mohanty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued the Audit Memo, which was replied by the appellant. Thereafter, the Department issued the show cause notice on 02.08.2013, seeking recovery of Cenvat Demand in respect of alleged non-availability of stock of the above inputs. The show cause notice issued in this regard was adjudicated, wherein the Cenvat Credit of ₹ 16,57,675/- was confirmed and equal amount of penalty imposed on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the same was used for the intended purpose. Thus, he submits that since the entire facts were known to the Department during their visit to the factory in the month of October 2009, show cause notice should have been issued within one year from the date of visit of the Audit Officer. It is his submission that since there is no element of suppression, fraud, collusion etc., with intent to evade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit Memo issued by the Department, the appellant had explained the availability of stock in the factory and subsequent use of the same for the intended purpose. However, the Department took more than 3 and half years for issuing the show cause notice from the date of reply to the spot Memo. On perusal of case records, I find that no iota of evidence was brought on record to show that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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