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TMI Blog2016 (8) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent : Shri V.R. Reddy (Asstt. Commissioner) (AR) ORDER Present appeal is filed by M/s Motherson Sumi Systems Ltd.. 2. The brief facts of the case are that the appellant was issued with the show cause notice No. V(15)Adj/Noida/Motherson/05/06/8048 dated 29.3.2006 wherein there were three allegations (i) Appellant had written off certain goods in the books of account and not rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 16.7.2002 Cenvat credit on capital goods written off are recoverable. The original authority has confirmed the demand of Central Excise duty of Rs. 14,11,040/- The Original Authority confirmed the demand of recovery of Central Excise of Rs. 17,278/- and also confirmed the demand of Central Excise duty of Rs. 7,291/and imposed penalty. 4. Aggrieved by the said Order-in-Original the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Gujarat in the case of CCE vs. Ingersoll Rand (India) Ltd. reported in 2014 (300) E.L.T. 347 (Guj.) wherein the Hon'ble High Court ruled that mere diminishing of value of goods in books of account of assessee that itself would not permit the Department to insist on reversal of credit particularly when the goods are still available in the factory. The Ld. Representative of Revenue reiterated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we hold that original order confirmation demand of Cenvat credit amounting to Rs. 17,278/- and interest thereon and penalty equal to same is not sustainable. In respect of short levy of Rs. 7,291/-, we find that no evidence has been produced to establish that additional consideration was received by appellants. The levy required as per transaction value was discharged. Therefore, original order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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