Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (2) TMI 137 - CESTAT MUMBAILiability of interest - wrong availment of CENVAT credit - Held that: - the appellant had reversed the irregular cenvat credit taken by them on being pointed out by the Revenue - also, the cenvat credit was reversed before the issuance of show cause notice - the appellant is liable to pay interest for irregular availment of cenvat credit in view of the judgment of Hon’ble Bombay High Court in the case of GL&V India [2015 (5) TMI 375 - BOMBAY HIGH COURT] - demand of interest upheld. Extended period of limitation - penalty - Held that: - though the Revenue has invoked the extended period of limitation, but they have not been able to bring on record any material which shows that there was suppression of fact or fraud or collusion or willful misstatement with intent to evade payment of tax - also, the wrongly availed credit was reversed before the issue of show cause notice, therefore there is no intent to evade - extended period and penalty not invocable. Appeal allowed in part.
|