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2017 (11) TMI 754 - AT - Central ExciseAdjustment of shortage of raw material and finished goods against excess found during stock taking - reversal of CENVAT credit - Held that: - identical issue has came up before the Tribunal in appellants own case for the earlier period M/s National Engineering Industries Ltd Versus Commissioner of Central Excise, Jaipur-I And Vica-Versa [2015 (10) TMI 1555 - CESTAT NEW DELHI], where it was held that While the whole discrepancy in physical stock has come to light only as per the stock taking conducted by the assessee, there is no allegation or evidence to the effect that the shortages/excesses are not attributable to accounting errors or complexities but are due to unaccounted clearances finished goods and consumption of raw material. In the absence of any such corroboration the assessee's plea on the non-sustainability of order reversing credit or demanding duty has strong force and is to be admitted - appeal allowed - decided in favor of appellant-assessee.
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