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2016 (12) TMI 1126 - CESTAT HYDERABADIrregular availment of CENVAT credit - clandestine removal - improper accounting in the stock register - suppression of facts - Held that: - there exist dispute in the management, it has to be borne in mind that there is a chance that evidences may be shadowed by the collusion and rivalry between the two factions. It is worth mentioning that when on one side, the Department alleges production of goods and clearance of goods without payment of duty which indicates that there could be excess finished stocks, it is also alleged that the appellant factory has not received inputs but has received only invoices. These allegations are not established by input and output quantifications during the relevant period so as to establish a case of fraudulent availment of credit. Appeal dismissed - decided in favor of respondent-assessee.
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