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2016 (12) TMI 1322 - AT - Central ExciseCenvat credit - DEPB scheme - Shortage of stock during physical verification - Penalty - Held that: - There is no reason to deny the availment of credit of additional duty paid on imported inputs which has been discharged by debit under DEPB scheme. On shortage of goods during physical verification, the appellant-assessee claims that the registers were in the custody of the Central Excise officers during the investigation and appropriate entries could not be made therein. According to them, there was no shortage of stock. In the light of the physical verification carried out by the officers, and in the absence of any evidence to show that this allegation of Revenue was incorrect, we are of the opinion that there can be no conclusions other that that there was a shortage of stock. Interest on missing stock upheld - penalties set aside - appeal disposed off - decided partly in favor of appellant.
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