https://www.taxtmi.com/caselaws?id=31934 An assessee claiming Modvat credit must prove, with credible evidence, receipt and actual use of the imported inputs in the manufacture of finished products. A supplementary balance sheet cannot, by itself, justify the credit unless the assessee first explains discrepancies in its accounts and establishes the factual foundation for the claim. The Tribunal erred in accepting the supplementary balance sheet without reasoned scrutiny and in shifting the burden to the Revenue to disprove receipt or non-utilisation, because the Revenue is not required to prove a negative where entitlement to credit is asserted. The credit claim was therefore not sustained on the material relied upon. en-us Fri, 11 Jul 2008 00:00:00 +0530 Wed, 31 Dec 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=31934 An assessee claiming Modvat credit must prove, with credible evidence, receipt and actual use of the imported inputs in the manufacture of finished products. A supplementary balance sheet cannot, by itself, justify the credit unless the assessee first explains discrepancies in its accounts and establishes the factual foundation for the claim. The Tribunal erred in accepting the supplementary balance sheet without reasoned scrutiny and in shifting the burden to the Revenue to disprove receipt or non-utilisation, because the Revenue is not required to prove a negative where entitlement to credit is asserted. The credit claim was therefore not sustained on the material relied upon. Case-Laws Central Excise Fri, 11 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=31934