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TMI Blog2011 (3) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... urers of parts of motor vehicles took credit on the basis of 3 debit notes dated 9.8.2006, 13.9.2006 and 30.11.2006 respectively, they had received three lots of HR sheets without payment of duty from M/s. Brakes 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity etc. which were the requirements of valid duty paying document namely invoice. He, therefore, held that the credit taken was ineligible and confirmed the credit taken together with interest and also imposed a 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore require that the case be looked into afresh with reference to the monthly returns filed by the assessees showing the description of the goods. I, therefore, set aside the impugned order and remand the case for fresh decision to the adjudicating authority for examination of other documents such as monthly returns to correlate the credit with the goods on which credit has been taken. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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