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2009 (11) TMI 485 - AT - Central ExciseCenvat/Modvat - Diversion of cenvatted inputs - Acting upon intelligence report regarding alleged involvement of the respondents in evasion of excise duty by fraudulently availing the Modvat credit in relation to the raw materials allegedly diverted to the market investigation was carried out by the department which culminated in issuance of show cause notice to the respondents alleging that the respondents had illegally availed modvat credit to the tune of Rs. 4,08,71,796/-. Held that - mere tallying of numbers and dates of LRs and GRs in the statement of representative of manufacturer of inputs, dealers and transporters from manufacturer of inputs, itself will not be conclusive and satisfactory evidence about diversion of inputs. Absence of proper co-relation being established between inputs received and final product, which did not contain PFY element. Difficult to establish any cogent evidence in relation to charge. Revenues appeal dismissed.
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