TaxTMI 
TaxTMI 
2017 (5) TMI 384
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....A.R.) for the Respondent ORDER The appellant is engaged in the manufacture of excisable goods on job work basis out of the raw material supplied by their principle M/s. Mahindra and Mahindra Ltd. In the internal audit recorded some shortages in their books of account towards input supplied by them to the appellant for period of three years. The department case is that whatever shortage is found ....
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....of account of M/s. Mahindra and Mahindra. No physical stock taking was conducted in their factory. There is no case against the appellant of any clandestine removal of the inputs. He submits that the shortage initially recorded by M/s. Mahindra and Mahindra was under some mistake of accounting which was subsequently clarified vide M/s. Mahindra and Mahindra, therefore actual shortage of Rs. 44 Lak....
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....)] (d) PBM Polytex Ltd Vs. Collector of Central Excise, Ahmedabad[1998(98) ELT 133(Tri.)] 4. I have carefully considered the submissions made by both sides and perused records. 5. I find that Cenvat credit was denied by the lower authority only on the basis of some shortage recorded by M/s. Mahindra and Mahindra in their books of account, there is nothing as such recorded in the books of appell....
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....ch they have admittedly reversed the credit. In this facts, I do not see any reason that only on the basis of some shortage recorded in the books of M/s. Mahindra and Mahindra, why the credit should be disallowed to the appellant when there is no evidence of any manipulation on the part of by the appellant in their books of account and no evidence of diverting inputs otherwise. Therefore impugned ....