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2014 (2) TMI 6 - CESTAT NEW DELHIDenial of CENVAT Credit - Confiscation of goods - storage of modvatable goods in other premises - Held that:- In terms of the Board circular itself, modvatable goods can be stored outside the premises. The only requirement is the permission of the Department. Further the fact that the appellant was storing the said goods outside their walled factory for a longer period was also not being disputed by the Revenue. Merely because, on one fine morning, Revenue has considered the said practice to be wrong cannot be made a reason for seizure and subsequent confiscation of the said goods. Further, Revenue has also not disputed the said premises shown in the registration application filed by the respondent. This fact itself leads the bona fide of the assessee and strengthens their stand that the storing of modvatable goods outside the factory gate was on account of paucity of space in the factory and cannot be held to be an effort on their part to remove the goods clandestinely. The fact that the said goods having been reflected in the accounts of the security agency is also a relevant factor to be considered - Decided against Revenue.
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