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2015 (2) TMI 132 - CESTAT NEW DELHIDenial of CENVAT Credit - Held that:- details of inputs stand entered in the statutory records; non-entry of the same in the private records maintained by the respondent, when there is no obligation to maintain them, will not disentitle the assessee to avail credit, especially when there is no allegation or evidence showing non-receipt of such inputs. As regards credit of ₹ 7,75,427/-, lower authorities had denied the same on the ground that there was certain discrepancy on account of non-entry of certain particulars in the invoices. The appellate authority has observed that absence of some particulars in the invoices issued by the suppliers stands accepted by the assessee but inasmuch as same is mistake due to oversight, credit cannot be denied merely on doubt as regards non-receipt of inputs. He has further observed that the respondent has taken credit on the basis of invoices, which were issued and inputs were received under the cover of challan. - both the objections are technical nature and cannot result in denial of substantive right of availment of credit in respect of inputs received by the assessee. There is no justification to do so in the absence of any allegation or evidence to show that either inputs are not received or not duty paid or the same were not used in the manufacture of final products. Revenue is also aggrieved with the finding of appellate authority setting aside of penalty imposed on respondent in respect of excess found seized goods. The original adjudicating authority has not confiscated the goods and has imposed equal amount of penalty to the value of seized goods. The appellant authority has set aside the same on the ground that the goods were still in the factory. Inasmuch as the adjudicating authority has not confiscated the goods, I find no justification for imposition of penalty on such count and the same stands rightly set aside by the Commissioner (Appeals). - Decided against Revenue.
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