2011 (3) TMI 868

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..... dit - The learned counsel for the assessees produces a copy of one of the debit notes and emphasizes that the goods were duty-paid, that the debit note shows the quantity of goods and submits that description of the goods has to be found in the monthly returns which are available for perusal by the authorities below - Interest of justice, therefore require that the case be looked into afresh with .....

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..... India Ltd. for job work and return and since the assessee was unable to execute the job work within the stipulated period, M/s. Brakes India Ltd. raised debit notes on the basis of which the assessees took CENVAT credit. This was objected to by the Department on the ground that debit notes are not the prescribed documents for availing CENVAT credit. The assessees debited the credit earlier taken .....

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..... penalty of Rs.10,000/-. The Commissioner (Appeals) held that the issue was not whether debit note is a valid document for availing credit but whether suo moto re-credit could be taken by the assessees and answered the issue in the negative. Hence this appeal. 2. I have heard both sides. I see merit in the submission of the assessees that the issue was clearly as to whether debit note wa .....

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