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2014 (5) TMI 977 - AT - Central ExciseCenvat credit - Shortage in stock - manufacture of Polyster Film - Held that:- entire case of the Revenue as regard shortage of Cenvatable inputs is based upon the inventory made by the appellant himself during the course of their internal stock taking. There is no allegation or evidence that the said inputs were either not received by the appellant or stands cleared by them without payment of duty. As such, such shortage in the stock conducted by the appellant themselves for the purposes of reconciliation of their entire stock cannot be made the basis for confirmation of demand of duty against them or for imposition of penalty. Accordingly, in the absence of any evidence to reflect upon clearance of such inputs, no demand can be made - Decided in favour of assessee.
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