9911796707
TMI Blog2013 (1) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8, Limbayat, Udhana, Surat. The assessee made certain stock declarations for availing credit, availed credit on receipt of yarns, paid duty on clearances of grey fabrics and also filed periodical returns. After the Simple and Liberal Excise Scheme was discontinued in July 2004, the respondents surrendered registration certificate on 15.09.2004. 2. On 18.7.2008, a show cause notice was issued to the respondent holding that credit of Rs. 12,66,117/- taken by the respondent was wrongly taken and utilisation of the same to the extent of Rs. 6,01,471/- was also shown wrong. It was alleged in the show cause notice that credit was taken based on invoices of fake units and the respondent was passing fraudulent credit. Show cause notice re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd residential premises were genuine has no relevance since cenvat credit is allowed based on manufacture and manufactured goods. 5. Learned consultant on behalf of the respondents submits that credit has been disallowed on the ground that manufacturing premises did not exist. The manufacturing premises was declared at the instance of Superintendent and he submits that no activity in reality took place in that place. He submits that respondents have submitted invoices of one m/s. Rita Fabrics who had manufactured grey fabrics out of duty paid yarn supplied by them. He submits that these documents clearly showed that respondent had got the grey fabrics manufactured and this was not even verified by the adjudicating authority. Further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ows that the claim of the respondent that credit was availed on Yarn and not on fabrics, seems to be correct. 7. The above discussion would show that both the lower authorities have not considered the issue in proper perspective. Therefore, the matter is required to be remanded to the original adjudicating authority who shall record specific findings on the submissions which shall be made before him and also examine the issue in accordance with the law. Therefore, without expressing any opinion on the merits of the case, the matter is remanded back to the original adjudicating authority with direction that the issues which would be raised before him should be considered in accordance with the law and documents and records that will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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