2000 (11) TMI 841

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....vat Credit availed by the Appellant on following issues:- (a)     Credit on 'Kits' which were not declared in the declarations filed under Rule 57G, as the same was considered vague description and it consisted of different components falling under various sub-headings. (b)     Credit was denied on the ground that inputs were not counted for in RG-23 PT. I. (c)      Documents as basis of which credit was availed were misplaced. (d)     Credit of Rs. 1793979/- has been denied on the ground that inputs against which the credit has been availed was not declared under the provision of Rule 57G. 3. We have heard the learned Advocate for the A....

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....for accounting & controlling the movements though these Inventory Control Records. They cannot be lightly brushed aside, when there is no finding of the same being unreliable for any reason whatsoever. We accept the plea of the Appellant of a clerical error and would grant the credit entry, after due verification of 'Internal Material Control Records' and proof of payment for the same, which should be verified by the Assistant Commissioner, for which purposes the order needs to be set aside and remanded back. (b)     Documents on basis of which the credit has been taken are stated to be misplaced. We have considered the attention the learned DR draws to the finding, that the procedure prescribed for lost documents hav....

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.... quantities have been entered in the RG-23A register, the findings in orders impugned are a cursory abrupt denial. How a misuse has taken place is not apparent from the same. The order, therefore needs to be set aside and remanded for re-determination. The misuse if any to be spelt out. (d)     As regards the denial of credit of Rs. 17,93979/- we find that the findings of the Assistant Commissioner in o/o 195-201/AC NOIDA/III/G against issue No. 3 is; "...I am inclined to agree with the parties contention. Mere non declaration of inputs cannot be the oasis of denial of Modvat credit particularly when such inputs/components are otherwise declared by genuine headings. Therefore, I find the party has rightly availed t....