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M/s Magnum Iron & Steel Pvt. Ltd. Versus CCE & ST, Gwalior

2016 (8) TMI 659 - CESTAT NEW DELHI

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:- it was admitted in the show cause notice itself out of 173 invoices, 161 invoices were found in original. Out of remaining 12, 5 invoices are available in photocopies. Keeping in view that the credit has not been disputed on merit and also the first 50% of the credit was also not disputed on the ground o .....

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rst half of the credit was taken spread over a period of many years from 2001 to 2009. - Decided in favour of assessee - Excise Appeal No. 51342 of 2016 (SM) - Final Order No. 52281/2016 - Dated:- 30-6-2016 - Shri B. Ravichandran, Member (Technical) Shri B.L. Yadav, Consultant for the appellant Shri M.R. Sharma, Authorized Representative (DR) for the Respondent ORDER Per B. Ravichandran The present appeal is against order dated 06/1/2016 of Commissioner (Appeals), Bhopal. The appellants are enga .....

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50% was objected to by the Revenue on the ground that they have not maintained proper records and not produced relevant documents in support of these credits. The Original Authority ordered the recovery of the said credit and imposed penalty of equivalent amount under Rule 15 of Cenvat Credit Rules, 2004. On appeal, the Commissioner (Appeals) confirmed the original order. Aggrieved, the appellant is in appeal. 2. The learned Consultant submitted that the credit taken on all capital goods is in t .....

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d. The learned Consultant submitted that the records pertaining to these credits were taken over by officers of DGCEI. The credits were availed based on actual receipt of these goods and duty payment on them has been properly recorded and can easily be verified. 3. The learned AR submitted that the burden of establishing the correctness of credit is on the appellant and in the absence of some of the original documents and in view of belated availment of credit of second 50% the denial of credit .....

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