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2013 (3) TMI 499 - AT - Central ExciseClandestine removal of Cenvat credit availed inputs without reversal of the Cenvat credit - demand confirmed - Held that:- The only basis of the demand raised is that while in some cases, in the monthly statements to bank regarding stock of raw material, the appellant were showing some stock in the RG-23A Pt. I register there was nil stock in other cases, the stock of Cenvated inputs reflected in RG-23A Pt. I register was less than the stock of inputs reported in statements to the bank. As other than this discrepancy, there is absolutely no evidence of removal of the Cenvated inputs to anybody. For the entire period of dispute, there is no evidence that the officers had conducted physical stock taking of the Cenvated inputs and had detected shortage in respect of the same. Thus the case against the appellant is not sustainable. The impugned order is set aside. The appeals as well as stay applications are allowed.
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