2014 (12) TMI 622

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.... JUDGEMENT Per: P R Chandrasekharan: 1. The appeal and stay petition are directed against order-in-original No. PUN-EXCUS-001-COM-028-13-14 dated 30/10/2013 passed by the Commissioner of Central Excise, Pune. 2. Vide the impugned order, the adjudicating authority has confirmed a duty demand of Rs. 2,93,39,629/- being the ineligible Cenvat Credit availed by the appellant on the shortage....

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.... various reasons and could not be eliminated during any physical handling of goods. There is no evidence adduced by the Revenue that the appellant had removed the goods found short and therefore, the impugned demands are not sustainable. He further submits that show-cause notice has been issued only in April 2013 demanding Cenvat Credit for the period from 2008-2009 onwards and figures have been t....

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....ence in the quantity of inputs noticed during physical stock taking should not be a cause for denial of Cenvat Credit. Accordingly, he pleads for grant of stay. 4. The learned Additional Commissioner (AR) appearing for the Revenue on the other submits that there is a contrary decision rendered by the Hon'ble High Court of Bombay in CCE, Aurangabad Vs. Greaves Cotton Ltd. - 2008 (225) ELT 19....

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....n'ble Bombay High Court in the case of Greaves Cotton Ltd. which is the jurisdictional High Court, we are duty bound to follow this decision. As per the decision, if there is a shortage of inputs and the assessee fails to account for utilization of inputs which were found short on which the credit was claimed, then the department was right in denying the Cenvat Credit on such inputs found shor....