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2010 (4) TMI 297 - PUNJAB & HARYANA HIGH COURTStatement of the buyers u/s 14 – wrong availment of credit - The Commissioner denied the Modvat credit on the ground that buyers to whom, blended yarn was supplied have denied receipt of the blended yarn. - The Tribunal allowed Appeal of the assessee holding that the documentary evidences as well as other evidences prove receipt of the material. So demand cannot be confirmed on the basis of statements of certain buyers – Held that: - The dispute raised by Revenue is purely of fact and no substantial question of law is involved. As per Revenue, the assessee has availed credit without actually receiving and utilizing the inputs for final product whereas as per assessee, they had actually received the material and utilized the same in the manufacture of their finished goods. The Revenue is relying upon various statements and samples drawn during the course of search. On analysis of evidence on record, the Tribunal has categorically found that samples and statements of buyers do not prove beyond doubt that material has not been received, rather observations of the learned Commissioner and documentary evidence prove that material was actually utilized by the assessee for manufacturing of final product. – Tribunal order in favor of assessee upheld
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