2018 (10) TMI 690

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....ENVAT Credit on capital goods, inputs and input services as per CENVAT Credit Rules ('CCR' for short), 2004. The Revenue issued a Show Cause Notice No. 05/2014 dated 07.03.2014 covering the period 01.02.2012 to 31.08.2013 wherein it was pointed out that during the course of the appellant's procurement of liquid oxygen and liquid nitrogen from its suppliers, liquid argon less than the invoiced quantity as per the annexure thereto, the appellant had availed full CENVAT Credit of duty indicated in the respective invoices. It was therefore pointed out that the quantity of input that was not received and consequently, not used in the manufacture of final products was not eligible for CENVAT Credit in terms of Rule 3 of the CCR, 2004. It was ther....

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....ng of the same with utmost care because of its nature being highly volatile. It was explained that for transportation, the liquid gas is filled in a Vacuum Insulated Transport Tank (VITT) in cold conditions at temperatures around minus 180 degrees centigrade which is sustained throughout its transit till the same is decanted into Vacuum Insulated Storage Tanks (VIST) in the factory premises of the appellant for appellant's manufacturing processes. 3.2 In respect of the alleged short receipt, Ld. Advocate explained that at ambient temperatures, the liquid gas gets evaporated and in this way, the volume of the liquid gases differ due to changes in temperature as well as atmospheric conditions and further submitted that there is no whisper/....

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.... of the first appeal before the lower appellate authority and much after the passing of Order-in-Original which is dated 21.12.2016. This, according to the Ld. DR, proved that the action of the appellant was not bona fide. 4.3 With regard to the various decisions relied on by the Ld. Advocate, Ld. DR pointed out that the reported losses in those cases were much lower compared to the reported losses for the periods under dispute in this case and therefore, none of the cases is applicable. 5. I have heard the rival contentions, perused the documents placed on record and have also gone through the decisions relied on by the Ld. Advocate. On a careful consideration of the above, I find that the following facts emerge : (i) There ....