2019 (6) TMI 1275

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....ntry for defacement as required by law that prevailed during the relevant period. (ii) Secondly, that they have availed credit of Rs. 4,73,349/- 2/3 days prior to receipt of the inputs within the factory. (iii) Thirdly, that they have availed irregular credit of Rs. 27,446/- on goods which were not received in the factory at all. 2.1 On behalf of the appellants, Ld. Counsel Ms. P. Kanthi Visalakshi appeared and argued the matter. She submitted that the appellant had availed credit on the Bills of Entry issued in favour of them for the goods imported. They have entered the credit availed on the inputs in RG.23A Part I & Part II. The entries were made 2/3 days prior to the receipt of the goods within the factory, that was....

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....on'ble High Court in the said decision has held that if the transaction is genuine and the identity of supplier of inputs is established, and the duty paying documents is supported by facts, the credit ought not to have been denied on the basis of technical breaches, whereas in the present case the authorities below were not in a position to cross check such genuine transaction. 4. Heard both sides. 5. The two issues that arise for consideration is with regard to disallowance of credit to the tune of Rs. 4,73,349/- and Rs. 27,446/-. As per the SCN dt. 03.02.1999, the allegation is that with respect to Rs. 4,73,349/- the credit entered in RG.23A Part II was made before receipt of the goods into the factory. Ld. A.R has pointed out that....