Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 1010 - AT - Central ExciseDenial of Cenvat credit on the goods found short - shortage of imported melting scrap was found short during the course of physical verification of scrap - Held that:- The contention of the assessee is correct as the huge stock of 639 MT cannot be weighed in a single day physically. Moreover, the reasons for shortage has been explained by Shri Ashok Kumar Jain that scrap is having dust, cemented material, good, etc., and there is a burning loss during the course of manufacturing process. Revenue has not contravened these facts in their appeal. Therefore, the allegation that the short found imported scrap has been sold clandestinely without any corroborative or supporting evidence is not sustainable. In these set of facts, set aside the confirmation of demand of ₹ 2,79,964/- on account of shortage of inputs found on 10-8-2005. - Decided in favour of assessee Fraudulent Cenvat credit on re-rollable scrap - denial of claim as same has not been received by the assessee in their factory and taken only invoices from the supplier of the goods - Held that:- Commissioner (A) has correctly analyzed the issue and hold that Cenvat credit on re-rollable scrap cannot be denied merely on the basis of the statement of the transporters or vehicles are found to be non-existent. Further, Revenue has failed to produce any corroborative evidence. In these circumstances, find that demand is not sustainable against the assessee. - Decided in favour of assessee
|