TMI Blog2017 (6) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the CENVAT credit cannot be denied to the appellant - appeal allowed - decided in favor of appellant. - E/192/2011 - A/61058/2017-SM[BR] - Dated:- 12-6-2017 - Mr. Ashok Jindal, Member (Judicial) Shri. Dinesh Verma, Advocate- for the appellant Shri. V.K. Tehran, AR- for the respondent ORDER Per: Ashok Jindal The appellant is in appeal against the impugned order wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne, cenvat credit was denied along with interest and equivalent amount of penalty was also imposed. Aggrieved from the order, the appellant is before me. 3. The Ld. Counsel appearing on behalf of the appellant submits that at the time of visit by the Central Excise Department, no shortage was found, therefore, the show cause notice was not required to be issued. He further submits that although ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit. 5. Heard the parties and considered the submissions. 6. I find that in this case, cenvat credit was denied on the shortage detected by the Income Tax Department on 20.03.2007. The said discrepancy stock was explained by the appellant to the Income Tax Department who dropped the proceedings against the appellant. No further investigation was conducted by the Revenue to find out from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nufactured and removed the goods clandestinely. As rightly discussed by the Commissioner (Appeals), the stock verification done by the income-tax authorities cannot be accepted on its face value in view of the doubts raised by the respondents and in the absence of corroborative evidence, no duty of excise can be confirmed. The Tribunal in the case of Ravi Foods Pvt. Ltd. Vs. CCE, Hyderabad [2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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