CENVAT credit denial for missing original documents was set aside, with remand for verification after bona fide explanation.

Denial of CENVAT credit for non-production of original supporting documents was found unjustified where the assessee explained that the records had been destroyed in a cyclone and the explanation was treated as bona fide. As the credit was refused only for want of documents, the assessee was given an opportunity to place the relevant material before the adjudicating authority. The denial was set aside and the matter was remanded for verification of the documents to be furnished and for fresh consideration in accordance with law.

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Issues: Whether denial of CENVAT credit was justified solely on the ground that the assessee did not produce the original documents in support of its claim.

Analysis: The non-production of original documents was explained on the ground that the records had been destroyed in a cyclone, and the explanation was treated as bona fide. Since the credit was denied only for want of documents, and the assessee sought an opportunity to place the relevant material before the adjudicating authority, the matter was fit to be reconsidered. The appeal was therefore disposed of by remitting the matter for verification of the documents and fresh decision in accordance with law.

Conclusion: The denial of CENVAT credit was set aside and the matter was remanded to the adjudicating authority for fresh consideration after verification of the documents to be furnished by the assessee.

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