2007 (11) TMI 473

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..... nor there is any evidence to show that the said goods will not be used in future - credit need not be reversed - appeal dismissed - decided against Revenue. - E/511/2007 - A/1577/ 2007-WZB/C-IV/SMB - Dated:- 13-11-2007 - Shri M.V. Ravindran, J. REPRESENTED BY : Shri D.P. Mukhopadhya, JDR, for the Appellant. None, for the Respondent. [Order]. This appeal is directed against the .....

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..... spares were used subsequently. The ld. Commissioner (Appeals) accepted the contention of the respondents and relying upon the series of judgments given by the Tribunal set aside the Order-in-Original. The findings of the ld. Commissioner (Appeals) are very relevant which are as under :- The contention of the appellant in reply dated 27-4-2006 to the show cause notice with regards to stores and .....

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..... they will never be used . It can be seen from the above-reproduced paragraphs that the ld. Commissioner (Appeals) has considered the fact that the writing off value from inventory is only for the purpose of books of accounts, and there is no contrary evidence produced that the inputs/capital goods are not available in the factory premises. Even today the Revenue has not produced any evidence th .....

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