2021 (12) TMI 1108

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....37/- have been rightly made alongwith imposition of equal penalty. Brief facts are as follows:- 1. The Appellant is engaged in manufacture of lead and zinc concentrates ("final products") falling under Chapter 26 of the First Schedule to the Central Excise Tariff Act, 1985. The Appellant availed Cenvat credit on inputs and capital goods. As required under provisions of Rule, 4(2)(a) wherein it has been provided that in respect of capital goods received in a factory in any financial year, credit shall be taken only for an amount not exceeding 50% of the duty paid on such capital goods in the same financial year. Thus, the balance 50% of the credit is available in the next financial year or immediately succeeding financial year. ....

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....onal duty+SAD resulting in difference or shortfall which is only due to clerical error, there being no actual discrepancy. The appellant maintained the books of accounts on the SAP system of accounting. The appellant also submitted a schedule of entries showing voucher wise purchase of capital goods and the deferred amount of credit for the capital goods received in the financial year 2015-16. However, Revenue issued show cause notice dated 19/08/2019 observing that the appellant have explained the discrepancy and have requested for verification of the records. But, it appears without such verification, it was alleged that appellant failed to provide any documentary evidence to prove that they have availed less Cenvat credit/proportionate c....