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    <title>2021 (11) TMI 830 - CESTAT MUMBAI</title>
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    <description>CENVAT credit could not be denied merely because input stock registers showed marginal theoretical shortages and excesses, where there was no evidence that the goods were never received, clandestinely removed, or otherwise used without duty compliance. The Tribunal treated the discrepancies as accounting and stock-taking variations arising from the scale and complexity of the business, and relied on earlier decisions in the same assessee&#039;s matters. Rule 3(5B) of the CENVAT Credit Rules, 2004 was held inapplicable because the case did not involve a write-off of goods actually available in the factory through a book entry. The demand, interest and penalty were therefore unsustainable.</description>
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      <title>2021 (11) TMI 830 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=415049</link>
      <description>CENVAT credit could not be denied merely because input stock registers showed marginal theoretical shortages and excesses, where there was no evidence that the goods were never received, clandestinely removed, or otherwise used without duty compliance. The Tribunal treated the discrepancies as accounting and stock-taking variations arising from the scale and complexity of the business, and relied on earlier decisions in the same assessee&#039;s matters. Rule 3(5B) of the CENVAT Credit Rules, 2004 was held inapplicable because the case did not involve a write-off of goods actually available in the factory through a book entry. The demand, interest and penalty were therefore unsustainable.</description>
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