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TMI Blog2017 (10) TMI 1025X X X X Extracts X X X X X X X X Extracts X X X X ..... credit is not justified - Held that: - The Hon'ble Apex Court in the case of Central Excise Vs Maruti Suzuki India Ltd. [2015 (8) TMI 493 - SUPREME COURT] has rejected the Revenue's appeal on the ground that such shortages of inputs are due to accounting error and there being no physical shortage with any allegation of clandestine removal, the credit cannot be disallowed - appeal allowed - decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r revealed that there was shortage of inputs valued at during the period from 2014-15 to 2015-16. Hence, Statement of Demand (SOD) No.21/2015, dated 23.10.2015 was issued to them proposing for recovery of Cenvat credit amounting to ₹ 34,447/- along with interest with proposal for penalty. After due process of law, respondent, vide impugned order confirmed the recovery of ₹ 34,447/- alo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (173) E.L.T. 382 (Tri. -Del.). The Commissioner has not followed the said decision on the ground that Bombay High Court has not approved the ratio of law, in the decision reported as Commissioner of Central Excise & Customs, Aurangabad Vs Greaves Cotton Ltd reported as 2008 (225) E.L.T. 198 (Bom.). 3. However, it is seen that being aggrieved with the decision of the Tribunal in the case of Marut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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