TMI Blog2010 (11) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... may be a circumstance to be taken into account but when there was sufficient independent evidence of receipt of goods, the finding recorded cannot be held to be perverse on the basis of contention raised - Cenvat credit allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... lment of Modvat Credit without actually receiving the goods. The assessee contested the allegation and claimed that the goods were duly delivered, which was evidenced not only by octroi receipts but also by transportation documents. The adjudicating authority upheld the plea of the assessee and dropped the proceedings. Appeal of the revenue against the said order was dismissed by the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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