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2018 (7) TMI 1361 - AT - Central ExciseClandestine removal - PVC Resins - Revenue’s case is based upon the entries made in the said Kaccha Slips, recovered from the premises of the assessee - Held that:- The said Kaccha Slips are admittedly written in hand writing of Shri Rajender Singh, foreman of the appellant. He has not been examined as regards the entries made therein. On the other hand, the statement of the Director clearly deposed that the said entries related to movement of the goods within the factory premises. As regards, the statement of the buyers, it stands deposed by them that they have availed the Cenvat credit based upon the invoices issued by the present appellant, without corresponding receipt of the raw-material. The said depositions of the buyers are contrary to the allegations made by the Revenue which are to the effect that the appellant has cleared the raw-material, without the reversal of the Cenvat credit availed by them. If the buyers have not received the raw-material, the Revenue has failed to show as to where the said clandestinely remove raw-material has gone to. Also, during the time of visit of the Investigating Officer, no discrepancy was found and detected by the Officers in the stock of the raw-material. In this scenario, the allegations as regards the removal of raw-material cannot be upheld. Appeal allowed - decided in favor of appellant.
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