9911796707
TMI Blog2018 (11) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... AMIN (2876) ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.0. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Customs Excise and Service Tax Appellate Tribunal dated 31.08.2016 passed in Appeal No. E/12073/2013SM, by which, the learned Tribunal has dismissed the said Appeal and has confirmed orders passed by the First Authority as well as Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finished goods as on that date. That on verification, it was found that the input quantity involving credit of Rs. 61,953/was not available in stock as on 14.3.2011. Therefore, a show cause notice was issued for disallowing the credit wrongly availed, with a proposal for imposition of penalty. That on adjudication, the demand came to be confirmed and penalty imposed. The order passed by the AO cam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ediately but not later than one year from the date of invoice on receipt of the inputs under the cover of an invoice in his factory and credit can be utilized from any lot or batch of inputs. It is submitted that therefore, the impugned order passed by the learned Tribunal is erroneous. Making above submissions and relying upon the decision of the Hon'ble Supreme Court in the case of Collecto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering the material on record, it is observed that stock of inputs declared as on 14.3.2011 did not tally. Therefore, the on the stocks of inputs which did not tally, the authority is justified in rejecting the claim of the CENVAT Tax Credit. There cannot be any dispute that manufacturer shall be entitled to the CENVAT Tax Credit on the stock of inputs. However, only those stocks which tally in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
