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2016 (4) TMI 542 - AT - Central ExciseRecovery of incorrectly taken cenvat Credit - Shortages found in the stock of certain static converters - Non addition of 15% to the input value & making adjustment of the excess quantity of LG static converter found during stock - Held that:- Adjudicating authority while deciding the issue in remand proceeding, allowed appellants contention on 15% value addition & reduced the duty & penalty amount to ₹ 2,39,474/-. First appellate authority while deciding the issue further gave relief to the appellant with respect to penalty imposed by the Adjudicating authority. So for as adjustments of excess quantity of LG static converters is concerned Adjudicating authority has clearly brought out that the type of converter, where quantity was excess, had different marks & numbers than the type of converters where shortage was found. This aspect has been clearly brought out by the first appellate authority also. In the field of taking Cenvat Credit the onus is on the appellant to establish that excess quantity of the static converters was the same type where shortage was found. The stock taking was jointly done in the presence of Authorized representation & Sh. D.K. Dugar Prop. of the appellant on 23/3/2001, as is evident from the brief facts of demand cum- show cause notice dt 29/12/2008. Appellant now can not turn around and say that stock taking was defective or deficient. Therefore, in view of the above observations & settled proposition of law appeal filed by the appellant has no merit. - Decided against the appellant
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