2015 (2) TMI 132

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..... credit, especially when there is no allegation or evidence showing non-receipt of such inputs. As regards credit of ₹ 7,75,427/-, lower authorities had denied the same on the ground that there was certain discrepancy on account of non-entry of certain particulars in the invoices. The appellate authority has observed that absence of some particulars in the invoices issued by the suppliers .....

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..... respect of excess found seized goods. The original adjudicating authority has not confiscated the goods and has imposed equal amount of penalty to the value of seized goods. The appellant authority has set aside the same on the ground that the goods were still in the factory. Inasmuch as the adjudicating authority has not confiscated the goods, I find no justification for imposition of penalty on .....

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..... 7; 2,26,269/- and ₹ 7,75,427/-. Hence the present appeal by the Revenue. 3. As regard credit of ₹ 2,26,269/-, the same was confirmed by the original adjudicating authority on the ground that the said material was not reflected in the material receipt voucher and the material register or purchase register of the assessee. The Commissioner (Appeals) observed that these records are pri .....

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..... in particulars in the invoices. The appellate authority has observed that absence of some particulars in the invoices issued by the suppliers stands accepted by the assessee but inasmuch as same is mistake due to oversight, credit cannot be denied merely on doubt as regards non-receipt of inputs. He has further observed that the respondent has taken credit on the basis of invoices, which were issu .....

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..... pellant authority has set aside the same on the ground that the goods were still in the factory. Inasmuch as the adjudicating authority has not confiscated the goods, I find no justification for imposition of penalty on such count and the same stands rightly set aside by the Commissioner (Appeals). 7. Accordingly appeal filed by the Revenue is rejected. (Pronounced in the open Court) - - .....

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