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TMI Blog2018 (11) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... th regard to the difference in SAP value and physical value and nothing else - the lower authorities should consider the above facts and then give a proper finding before arriving at any shortage in terms of either inputs or finished goods, for which reason the matter remanded back to the file of the adjudicating authority for passing a de novo adjudication Order after considering the contentions of the appellant and also the case-law that the assessee/appellant may rely on. Penalty u/s 11AC - Held that:- The appellant had lost the documents due to floods/natural calamity coupled with the fact that no suppression could be attributed to the appellant, no penalty could be levied under Section 11AC of the Act. Appeal allowed in part. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the Order passed by the lower adjudicating authority in toto. Aggrieved by the same, the appellant is in appeal before this forum. 3. Today when the matter came up for hearing, Ld. Advocate Shri. K. Senguttuvan appeared for the assessee and Ld. AC (AR) Shri. S. Govindarajan appeared for the Revenue. 4.1 During the course of hearing, Ld. Advocate submitted that the alleged shortage of inputs formed a part of the excess found in the Incoming Warehouse; that the value arrived by the Department was without any factual or legal basis. He also submitted that appellant received sales rejection from customers due to quality or other issues and such goods could not be brought inside the factory or shop floor and were placed in the Warehous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. On a perusal of the Show Cause Notice, the allegation of the Revenue was that the inputs were found short on which the CENVAT Credit of ₹ 2,35,943/- which was availed, was liable for recovery and also an amount of ₹ 11,80,169/- being the CENVAT on the alleged shortage with regard to the finished goods. The appellant s contention that it had undertaken the physical inventory of stock during December, 2013; that it had introduced SAP software for the first time which was handled by its employees who did not have sufficient knowledge or experience with regard to SAP software; that the difference had occurred due to a mere clerical and technical ignorance; that a detailed note explaining and clarifying the alleged difference w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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