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TMI Blog2017 (7) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... rpn. Ltd. [2007 (8) TMI 359 - HIGH COURT OF JUDICATURE AT BOMBAY] held that CENVAT credit in respect of the written off input service is not required to be reversed. As regard the physical verification, the appellant have made a categorical submission write from the audit stage to the audit officer and also before the Jurisdictional Departmental Officer that this is related to the shortage of finished goods found during movement between the factory and the depot - as regard the demand related to the physical verification difference the matter is remanded to the original adjudication authority to reconsider this issue. Appeal allowed - decided partly in favor of appellant and part matter on remand. - E/700/11 - A/88113/17/SMB - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... input which was written of and shown in the books of account. Such provision was brought into statute by insertion of Sub-rule (5B) in Rule 3 of the Cenvat Credit Rules, 2004. He placed reliance on the following judgment: (i) Commr. Of Central Excise Vs. Indian Petrochemicals Corpn. Ltd. 2008 (226) E.L.T. 339 (Bom.) (ii) Commissioner of C. Ex., Navi Mumbai Vs. Hindalco Industries Ltd. 2011 (272) E.L.T. 161(Bom.) (iii) Commissioner of Central Excise Ingersoll Rand (India) Ltd. 2014 (300) E.L.T. 347 (Guj.) As regard physical verification difference he submits that this is not related to the written off value of inputs whereas this is on account of shortage of finished goods after clearance on payment of duty from the factory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that cenvat credit in respect of the written off input service is not required to be reversed. Similar view taken by the Hon ble Gujarat High Court in the case of Ingersoll Rand (India) Ltd. (supra) therefore the issue is no longer res integara the cenvat credit on written off the value of the input cannot be denied therefore, I set aside the demand related to written off value of the inputs. As regard the physical verification, the appellant have made a categorical submission write from the audit stage to the audit officer and also before the Jurisdictional Departmental Officer that this is related to the shortage of finished goods found during movement between the factory and the depot. Since it is related to the finished good ..... X X X X Extracts X X X X X X X X Extracts X X X X
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