9911796707
TMI Blog2014 (2) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... f material handling machinery and were availing the benefit of MODVAT and CENVAT credit in respect of inputs so received by them. Their factory was visited by DGCEI officials on 24.07.2000, who conducted various checks and verifications. Subsequently, the office-cum-godown of the registered dealer M/s. Surya Steel Syndicate were also put to search on 30.01.2001 and the documents were scrutinised. 3. On the above basis, Revenue entertained a view that the respondents has wrongly availed the CENVAT credit in respect of inputs received by them from the registered dealers on the following grounds:- (i) The invoices issued by the dealer did not contain the specification of goods dispatched as detailed in the challans. (ii) Invoices were not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecisions of the Tribunal laying down that the wide question for availement of credit is that the inputs are duty paid & have been received in the factory and have been used in the manufacture of final product. He accordingly set aside the order of the original adjudicating authority denying the credit. However, he held that the assessee is not entitled to avail the credit to the extent of Rs.73,905/- relating to receipt of inputs against final challans for which no invoices stand produced by the assessee. As regards confirmation of demand in respect of clandestine removal of scrap, he held that the demand is on the higher side if the advance of Rs.3 lakhs is considered, the same would come down to Rs.69,317/-. Accordingly, he reduced the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondents have deposited the confirmed duty along with the interest and 25% of the penalty within a period of 30 days, penalty stands reduced to 25%. 7. As regards the cross objections filed by the assessee, I find that the credit of Rs.73,905/- stands denied on the ground that there were no corresponding invoices to the challans under which the inputs were cleared. The assessee has not produced any evidence to the contrary. Accordingly, I do not find any merit in the above plea of the assessee. Similarly, the respondents have admitted before the Commissioner (Appeals) that the scrap was generated during the manufacturing process which has been cleared by them without payment of duty. As such, I find no merits in the prayer of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
