Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether credit under Rule 57H of the Central Excise Rules, 1944 could be allowed on inputs lying in process without separate records and without proper correlation to duty-paying documents.
Analysis: The claim for credit on in-process material failed because the assessee did not maintain section-wise or department-wise records of the process stock, and the quantity asserted could not be reliably linked with the duty-paying documents. The claimed stock figures were inconsistent, the supporting bank statement was not authenticated, and the Chartered Accountant's certificate did not satisfactorily establish the stock position as on the relevant date. In these circumstances, the claimed in-process stock could not be verified, and the precondition for allowing Modvat credit was not satisfied.
Conclusion: The credit on in-process inputs was rightly denied.
Ratio Decidendi: Credit on inputs in process under Rule 57H is admissible only when the claimant substantiates the stock and establishes a reliable correlation between the stock and the duty-paying documents.