9911796707
TMI Blog2019 (6) TMI 1275X X X X Extracts X X X X X X X X Extracts X X X X ..... in RG.23A Part II was made before receipt of the goods into the factory - HELD THAT:- Their mere allegation is that credit has been availed on the inputs before receipt of such goods into the factory. There is also no case that such inputs were not used in manufacture of finished products. Taking these facts into consideration, I am of the view that the availment of credit by making entries in RG.23A prior to receipt of the goods into the factory is only a procedural one and the substantive beneficial right of credit cannot be denied for such procedural lapse. Denial of credit of ₹ 27,446/- HELD THAT:- appellant has failed to establish that inputs were actually received into the factory. Credit in respect of ₹ 27,446/- is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he factory at all. 2.1 On behalf of the appellants, Ld. Counsel Ms. P. Kanthi Visalakshi appeared and argued the matter. She submitted that the appellant had availed credit on the Bills of Entry issued in favour of them for the goods imported. They have entered the credit availed on the inputs in RG.23A Part I Part II. The entries were made 2/3 days prior to the receipt of the goods within the factory, that was only due to inadvertence as there were lot of modvat credit documents to be entered. The department does not have a case that the appellants have not received the goods within the factory. Their mere allegation is that the entries were made prior to receipt of the goods. That was only due to inadvertent procedural erro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case the authorities below were not in a position to cross check such genuine transaction. 4. Heard both sides. 5. The two issues that arise for consideration is with regard to disallowance of credit to the tune of ₹ 4,73,349/- and ₹ 27,446/-. As per the SCN dt. 03.02.1999, the allegation is that with respect to ₹ 4,73,349/- the credit entered in RG.23A Part II was made before receipt of the goods into the factory. Ld. A.R has pointed out that entries were made even much before presenting the Bills of Entry. In any case, the department does not allege that the inputs in regard to this amount were not received in the factory. Their mere allegation is that credit has been availed on the inp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
