2014 (2) TMI 454

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.... engaged in manufacture of various types of material handling machinery and were availing the benefit of MODVAT and CENVAT credit in respect of inputs so received by them. Their factory was visited by DGCEI officials on 24.07.2000, who conducted various checks and verifications. Subsequently, the office-cum-godown of the registered dealer M/s. Surya Steel Syndicate were also put to search on 30.01.2001 and the documents were scrutinised. 3. On the above basis, Revenue entertained a view that the respondents has wrongly availed the CENVAT credit in respect of inputs received by them from the registered dealers on the following grounds:- (i) The invoices issued by the dealer did not contain the specification of goods dispatched as detai....

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....ral Excise Manual of CBEC's Instructions as also various decisions of the Tribunal laying down that the wide question for availement of credit is that the inputs are duty paid & have been received in the factory and have been used in the manufacture of final product. He accordingly set aside the order of the original adjudicating authority denying the credit. However, he held that the assessee is not entitled to avail the credit to the extent of Rs.73,905/- relating to receipt of inputs against final challans for which no invoices stand produced by the assessee. As regards confirmation of demand in respect of clandestine removal of scrap, he held that the demand is on the higher side if the advance of Rs.3 lakhs is considered, the same w....