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TMI Blog2018 (1) TMI 1201X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of duty paid on inputs / capital goods and service tax paid on input services. During audit of accounts, it was noticed by the department that they had made provisions namely consumption-Phy.Inv.Diff-Dire.Mati-others in their ledger and accounted the stock for shortages/excesses. Such provisional entries were made after completion of periodical initial stock takings. Verification further reveals that there was shortage of invoice value at ₹ 7.88 lakhs during 3rd and 4th quarter of financial year for the period 2015-16. A show cause notice was issued proposing to recover credit availed on the inputs found short to the tune of ₹ 98,540/- along with interest and also proposing to impose penalty. After due process of law, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 4 th quarter of the same financial year. Without taking into consideration the fact that there were also excess stocks of the same stock, the SCN has been issued proposing to recover demand for the shortages noticed. She relied upon decision in the case of CCE Vs Maruti Suzuki India Ltd. - 2015 (319) ELT 549 (SC) and pleaded that in the said case a shortage of inputs to the tune of ₹ 25.67 crores were found and there was also excess of inputs to the tune of ₹ 27.59 crores for the same period and demand was made for the shortage of 0.24%. The Hon ble Apex Court has taken a view that it cannot be considered as clandestine removal of inputs and that demand has been rightly set aside by the Tribunal. She also adverted to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one on the basis of weight. The appellants contended that their being no proof or allegation for clearance of the raw materials from their factory, the denial of credit is not justified. They relied upon the Tribunal's decision in the case of Maruti Udyog Ltd. Vs Commissioner of Central Excise, Delhi-III reported as 2004 (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 Maruti Suzuki Ltd., th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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