Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 824 - CESTAT HYDERABADDemand of duty - disallowance of credit availed on MS items - extended period of limitation - Reduction in penalty - Held that:- the assessee's contention that prior to the judgment in Vandana Global Ltd. [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] case, they entertained a bona fide belief that credit is admissible is not without force. Further Revenue has not adduced any evidence to establish that there was suppression of facts with intent to evade payment of duty. I find that Revenue has miserably failed to establish sufficient ground to invoke the extended period. ER-1 returns filed by the assessee are required to be subject to detailed scrutiny in course of which the concerned officer can call for documents from the assessee wherever necessary for the scrutiny. In the present case, we find that the starting of the enquiry was stated to be scrutiny of ER-1 Returns. This was done apparently after two years. Invoking extended period for demand is not tenable in such a situation. The show-cause notice is barred by limitation. In the result, the impugned order is set aside and appeal filed by assessee is allowed with consequential reliefs - Decided in favor of assessee.
|