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2017 (5) TMI 384 - CESTAT MUMBAICENVAT credit - denial on the basis of some shortage recorded by M/s. Mahindra and Mahindra in their books of account, there is nothing as such recorded in the books of appellant - The department case is that whatever shortage is found in respect of input supplied by the principle to the appellant, credit to that extent is not admissible to the appellant accordingly credit was denied - Held that: - shortage recorded by M/s. Mahindra and Mahindra Ltd was wrong. Subsequently they have clarified and corrected. It is also undisputed that department did not find any discrepancy in the books of the appellant. The appellant after verification of their stock and books came to the conclusion that actual shortage if at all is there, it is ₹ 44 Lakh, on which which they have admittedly reversed the credit - there is no reason that only on the basis of some shortage recorded in the books of M/s. Mahindra and Mahindra, why the credit should be disallowed to the appellant when there is no evidence of any manipulation on the part of by the appellant in their books of account and no evidence of diverting inputs otherwise - credit allowed - decided in favor of assessee.
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