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2015 (1) TMI 759 - HC - Central ExciseMODVAT Credit - appellant had availed Modvat credit on pig iron, which was found short and the same was not used in the manufacture of final goods - Held that:- From the perusal of the inspection note as well as while carrying out inspection, the statement of the appellant was recorded wherein he has clearly and categorically admitted and shown willingness to pay the duty upon the aforesaid wastage of iron which could not be shown due to the entries made in the register and it was again shown as a fresh raw material - when it is clear that the wastage of iron was shown as new raw material and when the appellant himself has agreed to pay the excise duty thereon, therefore, the decision rendered by the CESTAT upon the aforesaid peculiar facts and circumstances of the case is in consonance both in law and on facts. Hence, the appeal fails - Decided against assessee.
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