https://www.taxtmi.com/caselaws?id=119387 Modvat credit on cement and steel rods used to manufacture RCC/PCC poles could not be denied merely on alleged input shortage, because the notice did not clearly explain the norms used to compute the shortage and there was no evidence of diversion or misutilisation. The open-yard manufacturing process reasonably explained wastage from exposure to wind, rain and water, and from cutting poles to required length. On these facts, the allegation of irregular availment was not established, so the denial of credit, demand, and penalties were unsustainable. en-us Tue, 10 Jan 2006 00:00:00 +0530 Tue, 10 Jul 2012 17:39:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119387 Modvat credit on cement and steel rods used to manufacture RCC/PCC poles could not be denied merely on alleged input shortage, because the notice did not clearly explain the norms used to compute the shortage and there was no evidence of diversion or misutilisation. The open-yard manufacturing process reasonably explained wastage from exposure to wind, rain and water, and from cutting poles to required length. On these facts, the allegation of irregular availment was not established, so the denial of credit, demand, and penalties were unsustainable. Case-Laws Central Excise Tue, 10 Jan 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119387