Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 1051 - AT - Central ExciseSeizure and Confiscation of goods lying in the factory - CENVAT Credit - shortages and excesses of goods and stock - it was alleged that wrong method of stock taking was applied - Held that:- The duty is on manufacture and the payment of duty is differed till such time the goods are not removed from the factory. -The alleged excess quantity of finished goods lying in the factory should have been ordered to be entered into RG-1 so that they get accounted for and suffer Central Excise duty and the appellant should have been charged with non maintenance of proper records - The goods manufactured by the appellants unless removed without payment of duty from the factory cannot be seized and confiscated. CENVAT credit is admissible on inputs on receipt of the goods and unless it is establish that the inputs were not received or unless it is establish that inputs were cleared as such the Cenvat credit cannot be recovered - In the present case, there is no evidence either to establish that inputs on which reversal of Cenvat credit was sought were alleged not to have been received by the appellant - Further, there is no evidence that the same were removed without reversal of CENVAT credit. Appeal allowed - decided in favor of appellant.
|