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TMI Blog2011 (7) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... d goods and only the said credit has been utilised - The earlier credit taken on 1.9.05 having been reversed on 2.9.05, there is no question of taking credit for the second time - The denial of credit holding that the goods received on 3.11.05 may not be the same as goods cleared by the appellants on 2.9.05 is not justified - Decided in favour of assessee. Notional credit on the wastage of yarn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignments of yarn from M/s. Pioneer Flexo Pack Pvt. Ltd. under invoices No. 2990 dated 14.12.04, 2934 dated 8.12.04 and 2991 dated 14.12.04 and took credit of Rs.46,892/- on 1.9.05. It is claimed that on 2.9.05, they reversed the credit and send the material back for reprocessing and received back the material after reprocessing by invoice No. 393 dated 2.9.05 issued by the appellants themselves. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the wastage of yarn at the premises of weaver who is a job worker for the purpose of weaving the fabrics. This credit has been denied on the ground that so called waste as claimed by them has occurred during the process of weaving and waste has not been received by the appellants and there is no documents justifying the credit taken on the waste. 5. Learned advocate for the appellants submits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire quantity of yarn used for weaving purpose, they are eligible for taking the credit even though the said waste was not received. 7. Learned DR reiterates the findings and reasoning of the Commissioner (Appeals). 8.1 I have carefully considered the submissions from both sides and perused records. 8.2 On the first issue, on the facts and circumstances of the case, I hold that the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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