https://www.taxtmi.com/caselaws?id=112654 Modvat credit was held admissible only on inputs actually received in the factory and used in manufacture, so credit on short-received or non-received inputs was disallowed and the Revenue's objection on that issue succeeded. Penalty, however, was not justified because the shortage was found to have arisen from minor cumulative variations over time and the surrounding facts did not support penal action, so the penal component was deleted. The Tribunal also noted that authorisation to file the departmental appeal was valid under the Central Excise Act. en-us Mon, 27 Sep 2004 00:00:00 +0530 Tue, 01 May 2012 11:44:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112654 Modvat credit was held admissible only on inputs actually received in the factory and used in manufacture, so credit on short-received or non-received inputs was disallowed and the Revenue's objection on that issue succeeded. Penalty, however, was not justified because the shortage was found to have arisen from minor cumulative variations over time and the surrounding facts did not support penal action, so the penal component was deleted. The Tribunal also noted that authorisation to file the departmental appeal was valid under the Central Excise Act. Case-Laws Central Excise Mon, 27 Sep 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112654