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2018 (11) TMI 1366 - AT - Central ExciseClandestine removal - alleged shortage of inputs formed a part of the excess found in the Incoming Warehouse - the allegation of the Revenue was that the inputs were found short on which the CENVAT Credit of ₹ 2,35,943/- which was availed, was liable for recovery and also an amount of ₹ 11,80,169/- being the CENVAT on the alleged shortage with regard to the finished goods. Held that:- The lower authorities have not given any finding on the factual contentions urged as also the pleading of the Ld. Advocate with regard to the difference in SAP value and physical value and nothing else - the lower authorities should consider the above facts and then give a proper finding before arriving at any shortage in terms of either inputs or finished goods, for which reason the matter remanded back to the file of the adjudicating authority for passing a de novo adjudication Order after considering the contentions of the appellant and also the case-law that the assessee/appellant may rely on. Penalty u/s 11AC - Held that:- The appellant had lost the documents due to floods/natural calamity coupled with the fact that no suppression could be attributed to the appellant, no penalty could be levied under Section 11AC of the Act. Appeal allowed in part.
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