2006 (8) TMI 481

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ant filed this appeal against the impugned order whereby the credit of Rs. 62,199/- was denied and penalty of Rs. 16,000/- was imposed. The credit was denied on the ground that on the date of visit the inputs on which the credit has been taken was not found in the factory. The contention is that before the Revenue Officer it was explained by the Shri Satya Narain, Works Manager that due to shortag .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oduct in the factory. The appellant also relied upon the Board Circular dated 1-5-96 issued by the Central Board of Excise and Customs permiting storage of inputs outside the factory premises. The contention of the Revenue is that the credit can be availed only on the inputs received in the factory). As on the date of visit the inputs were not in the factory, therefore, credit was rightly denied. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ct. In these circumstances, I find it is a fit case for re-consideration by the Adjudicating Authority. The impugned order is set aside and the matter is remanded to the Adjudicating authority to decide afresh after affording an opportunity of hearing to the appellant and appellant to shown that inputs in question are used in the manufacture of the final product. The appeal is disposed of by way o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X