https://www.taxtmi.com/caselaws?id=153777 Modvat credit may not be denied merely because the inputs are not traceable in the finished product if statutory records, chemical reports, stock registers, purchase documents and returns together support receipt and use in manufacture. The Department must disprove utilisation with cogent evidence of non-use, clandestine removal or use for some other purpose; failure to do so makes denial of credit and related duty demand unsustainable. On limitation, an earlier demand cannot be reopened through the extended period where later notices proceeded on the same allegations and there is no suppression or intent to evade. In such circumstances, the extended limitation is unavailable and the earlier demand is time-barred. en-us Thu, 24 Sep 2009 00:00:00 +0530 Tue, 30 Jul 2013 12:21:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=153777 Modvat credit may not be denied merely because the inputs are not traceable in the finished product if statutory records, chemical reports, stock registers, purchase documents and returns together support receipt and use in manufacture. The Department must disprove utilisation with cogent evidence of non-use, clandestine removal or use for some other purpose; failure to do so makes denial of credit and related duty demand unsustainable. On limitation, an earlier demand cannot be reopened through the extended period where later notices proceeded on the same allegations and there is no suppression or intent to evade. In such circumstances, the extended limitation is unavailable and the earlier demand is time-barred. Case-Laws Central Excise Thu, 24 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=153777