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2008 (1) TMI 771 - AT - Central ExciseCenvat/Modvat credit - Documents for availing credit - Quantum of Penalty - Held that: - if there is no dispute regarding the duty paid nature of the inputs and the inputs have undisputedly been received in the factory and the assessee has taken credit, that is sufficient for the purpose of availment of credit and the deficiency in the duty paying document is not to be held against the assessee for the purpose of denying the substantive benefit of Modvat credit - denial of credit set aside. The penalty is not required to be set aside in toto for the reason that the other contraventions of law, viz. availment of credit twice on the same goods and no discharge of duty liability on certain finished goods, have already been upheld, and accepted by the appellants - penalty reduced to ₹ 45,816/-.
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