9911796707
TMI Blog2017 (12) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... lculation sheets furnished by the appellant were also not considered - the rate of duty during the relevant time was 8% whereas the demand has been confirmed on the assumption that the rate of duty was 10%. The impugned order which is based on assumptions and presumption and is not sustainable in law - appeal allowed - decided in favor of appellant. - E/21861/2014-SM - 22814/2017 - Dated:- 2-11-2017 - Shri S.S. Garg, Judicial Member Shri Girish K, Chartered Accountant - For the Appellant Shri Naveen Kushalappa, Jt. Commissioner(AR) - For the Respondent ORDER Per: SS GARG The present appeal is directed against the impugned order dt. 17/02/2014 passed by the Commissioner(Appeals) whereby the Commissioner(Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y-March 2010 filed by the appellants that they had availed and utilised CENVAT credit on inputs / raw materials during March 2010 and there by contravened the provisions of Rule 11(2) of the CENVAT credit Rules, 2004 by not paying the amount equivalent of CENVAT credit availed on the finished goods. 22. On the above allegations, a show-cause notice was issued to the appellant proposing to recover ₹ 1,12,723/- being proportionate inputs / raw materials used in the production of finished goods under rule 14 of CCR read with Section 11A of the Central Excise Act along with interest and penalty. After following the due process of law, the original authority confirmed the demand of duty of ₹ 1,12,732/- along with interest and pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r submitted that the assumptions made by both the authorities that the appellant has manufactured the stock of 63,473 kgs. of final product using CENVAT inputs is without any basis. He also submitted that the appellant worked out the quantity of CENVAT inputs in the closing stock as on 31/03/2010 by adopting FIFO method and on that basis the CENVAT taken input contained in closing stock as on 31/03/2010 works out to 18,087 kgs. and the CENVAT credit on this quantity of input amounts to ₹ 40,156/-. However the Commissioner(Appeals) has rejected the working / details submitted by the appellant without assigning any reason. He also submitted that the Revenue has raised the demand on the assumption/presumption that the rate of duty is 10% ..... X X X X Extracts X X X X X X X X Extracts X X X X
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