TMI Blog2015 (9) TMI 1439X X X X Extracts X X X X X X X X Extracts X X X X ..... m the show cause notice as well as the impugned order, it is not coming out whether the audit team has verified the Cenvat credit account corresponding to the invoices received by the appellants for inputs which is the prime document for availment of Cenvat credit. Therefore, I hold that show cause notice is defective for want of evidence, i.e., invoices and it is not coming out from the investiga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hok Jindal, Member (J) None, for the Appellant Shri R.K. Grover, AR, for the Respondent ORDER 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 requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t account to the tune of ₹ 71,25,042/-. Therefore, it was alleged that appellant has taken excess credit of ₹ 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 ₹ 10,23,957/-, consequently, for demanding duty along with interest and for imposition of penalty. Both the lower authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive for want of evidence, i.e., invoices and it is not coming out from the investigation whether the Cenvat credit account 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. Consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
