2015 (2) TMI 132

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..... ggrieved with the impugned order of the Commissioner (Appeals), Revenue has filed the present appeal. 2. After hearing both sides, I find that Modvat credit was sought to be denied to the respondent on various grounds. The same was confirmed by the original adjudicating authority along with imposition of penalty. However, on appeal, the Commissioner (Appeals) confirmed denial of credit in re .....

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..... -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 such, I find no merit in the Revenue's contention. 5. As regards credit of Rs. 7,75,427/-, lower authorities had denied the same on the .....

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..... er inputs are not received or not duty paid or the same were not used in the manufacture of final products. In view of above, I find no merit in the Revenue's appeal. 6. 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 .....

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