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2011 (2) TMI 719 - CESTAT, AHEMDABADModvat credit - Input goods - angles, beams, plates, MS channels, sheets and welding rods etc. - Appellant assails the impugned demand on limitation by submitting that the show cause notice for the period 01.04.03 to March 2008 was issued on 05.08.08. He submits that the said disputed issue was decided in their favour by the Tribunal, in their own case reported in N.R. Agarwal Industries Ltd. Vs. CCE Vapi[2007 – TMI – 1814 – CESTAT, AHMEDABAD] decisions were in favour of the assessees, the bonafide belief on the part of the appellant that the said items were capital goods for the purposes of modvat credit, has to be upheld - Accordingly the demand beyond the normal period of limitation is required to be quashed - However the demand which is within the period of limitation is required to be quantified and upheld.
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