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2013 (12) TMI 113 - CESTAT BANGALOREDenial of cenvat credit – No contrary evidence with the revenue to substantiate the claim - Assessee followed first in first out method for clearance of goods –– Held that:- The officers had visited and verified the stock for the purpose of availment of CENVAT credit - During such visit if they could not and did not verify whether there was any stock received from other than manufacturers and result was availment of CENVAT credit on the quantity declared, demand for CENVAT credit availed attributing a portion of the same to the traders cannot be sustained unless backed by investigation and evidence - in this case, the investigation conducted has strengthened the case of the appellants since in the statements the concerned representatives have stated that the appellants were following the practice of storing goods received from manufacturers and traders separately and using them separately and at the time when verification was conducted only raw materials received from manufacturers was taken into account - In the absence of any contrary evidence unearthed during investigation other than arithmetical calculations, the order cannot be sustained – Decided in favour of Assessee.
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