TMI Blog2015 (9) TMI 1439X X X X Extracts X X X X X X X X Extracts X X X X ..... R The appellants are in appeals against the impugned order denying the Cenvat credit consequently, demanding duty along with interest and imposing penalty on both the appellants. 2. Today the matter was listed for hearing. None appeared on behalf of the appellants nor is there any request for adjournment received. It has been observed from the records, that matter has been listed for hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 10,23,957/-. In these set of facts, the show cause notice was issued to the appellants to deny excess Cenvat credit availed by them to the tune of Rs. 10,23,957/-, consequently, for demanding duty along with interest and for imposition of penalty. Both the lower authorities denied the Cenvat credit to the appellants, consequently, confirming demand of duty along with interest and penalty was als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count has been verified to the corresponding invoices or not. Therefore, quantification of duty admissible on Cenvat credit on the strength of balance sheet figures is incorrect. Therefore, the charge of availment of excess Cenvat credit on the appellant is not sustainable. Consequently, Cenvat credit availed by the appellant cannot be denied in the absence of any supportive evidence. In these cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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