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2016 (8) TMI 620 - CESTAT NEW DELHI

2016 (8) TMI 620 - CESTAT NEW DELHI - TMI - Cenvat credit - availment of second 50% of credit on various capital goods - non-maintainance of proper records and non-production of relevant documents in support of these credits - Held that:- out of 242 invoices, 210 original documents were produced. For the remaining, photocopies of the documents were produced. These documents in original alongwith the register/records relating to capital goods were taken over by the officers of Central Excise Inte .....

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goods on which these credits have been availed. There is no allegation regarding non-availability of any goods on which credit has been taken. In the absence of such allegation, no justification found in denying the second half of credit on the reasons stated in the impugned order. - Decided in favour of assessee - Excise Appeal No. 50466 of 2016 (SM) - Final Order No. 52247/2016 - Dated:- 28-6-2016 - Shri B. Ravichandran, Member (Technical) Shri B.L. Yadav, Consultant - for the appellant. Shri .....

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year 2001-2002 to 2008-2009. The said credit was sought to be denied by the Revenue through a proceeding initiated against them. The Original Authority denied the credit on the ground that the appellants failed to maintain proper records in terms of Rule 7 (4) and Rule 9 (5) of Cenvat Credit Rules, 2001/2004. It was observed that original documents in respect of certain credits could not be produced by the appellants. 2. The learned Counsel for the appellant submitted that the credit taken on c .....

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of the invoices for these capital goods are not in original. The learned Counsel relied on the Tribunals decision in CCE, Meerut I vs. Backwell Agro Ltd. reported in 2013 (291) E.L.T. 365 (Tri. Del.). He further reiterated that the credit availability has never been questioned on merit nor was there any allegation of any diversion of items on which credit has been taken. 3. Learned AR reiterated the findings of the lower Authorities. 4. Heard both the sides and examined appeal records. The adm .....

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