https://www.taxtmi.com/caselaws?id=53567 Modvat credit denial, duty demand and penalties were unsustainable where the alleged input shortage was worked out only from dip readings. The Tribunal found that the same method also showed excess quantities, the overall discrepancy was minor, and no independent evidence proved diversion of inputs or short supply by the seller. On that basis, the estimated shortage was treated as unreliable, and the earlier Tribunal view that such marginal variations cannot support demand was followed. The impugned order was set aside and the appeals were allowed with consequential relief. en-us Tue, 16 Nov 2004 00:00:00 +0530 Thu, 14 Oct 2010 10:22:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53567 Modvat credit denial, duty demand and penalties were unsustainable where the alleged input shortage was worked out only from dip readings. The Tribunal found that the same method also showed excess quantities, the overall discrepancy was minor, and no independent evidence proved diversion of inputs or short supply by the seller. On that basis, the estimated shortage was treated as unreliable, and the earlier Tribunal view that such marginal variations cannot support demand was followed. The impugned order was set aside and the appeals were allowed with consequential relief. Case-Laws Central Excise Tue, 16 Nov 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53567