2018 (1) TMI 1201

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....Mati-others" in their ledger and accounted the stock for shortages/excesses. Such provisional entries were made after completion of periodical initial stock takings. Verification further reveals that there was shortage of invoice value at Rs. 7.88 lakhs during 3rd and 4th quarter of financial year for the period 2015-16. A show cause notice was issued proposing to recover credit availed on the inputs found short to the tune of Rs. 98,540/- along with interest and also proposing to impose penalty. After due process of law, original authority confirmed the demand along with interest and also imposed penalties. In appeal, the Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of appellant, ld. Counsel Ms. S. Sridevi exp....

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.... relied upon decision in the case of CCE Vs Maruti Suzuki India Ltd. - 2015 (319) ELT 549 (SC) and pleaded that in the said case a shortage of inputs to the tune of Rs. 25.67 crores were found and there was also excess of inputs to the tune of Rs. 27.59 crores for the same period and demand was made for the shortage of 0.24%. The Hon'ble Apex Court has taken a view that it cannot be considered as clandestine removal of inputs and that demand has been rightly set aside by the Tribunal. She also adverted to the appellant's own case for a different period on the same issue whereby the Tribunal has set aside the demand. 3. Against this Ld. A.R Shri S. Govindarajan reiterated the findings of the impugned order. He submitted that the parts / i....

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....e case of Maruti Udyog Ltd. Vs Commissioner of Central Excise, Delhi-III reported as 2004 (173) E.L.T.382 (Tri.-Del.). The Commissioner has not followed the said decision on the ground that Bombay High Court has not approved the ratio of law, in the decision reported as Commissioner of Central Excise & Customs, Aurangabad Vs Greaves Cotton Ltd. reported as 2008 (225) E.L.T. 198 (Bom.). 3. However, it is seen that being aggrieved with the decision of the Tribunal in the case of Maruti Suzuki Ltd., the Revenue filed an appeal there against before the Hon'ble Supreme Court. The Hon'ble Apex Court in their decision reported as Commissioner of Central Excise Vs Maruti Suzuki India Ltd. reported as 2015 (319) E.L.T. 549 (S.C.) has reje....