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2009 (12) TMI 278 - CESTAT, AHMEDABADCenvat Credit- Thereafter a show cause notice was issued on 10-5-2004 wherein the credit of Rs. 1,36,936/- taken by them was held to be ineligible on the ground that they had not given any further declaration of stock lying as on 1-4-2003 or any intimation regarding, no change of stock as on 31-3-2003 and 1-4-2003. Held that- I consider that appellants have fulfilled their obligation as regards requirement to show that they had stock of yarn as on 31-3-2003. I also consider that the subsequent declarations which did not show any different quantity as stock is sufficient as an intimation of no change. In view of the above discussions, the department has not been able to make out a case to show that appellants did not have the stock as reflected in the quarterly return and in the income tax return and accordingly the cenvat credit availed by them was not correctly availed.
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