Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (5) TMI 204 - CESTAT CHANDIGARHExtended period of limitation - excess CENVAT credit availed - Interest - penalty - Held that: - Department came to know about discrepancy in Cenvat credit only after being informed about the same by the appellant on 17.11.2011. In the SCN, the extended period has expressly not been invoked though there is mention that the assessee has utilized the excess Cenvat credit intentionally. Interest - Held that: - Once it is held by the adjudicating authority that section 11AC is not applicable and the elements for applying extended period for the demand are similar, the demand of interest itself becomes time barred - the show cause notice for demand of interest is clearly barred by limitation - demand of interest set aside. Penalty under Rule 15 (1) of Cenvat Credit Rules, 2004 - Held that: - The plea of the appellant is that they had not taken excess Cenvat credit whereas the department has alleged that they had taken excess Cenvat credit and hence they had violated Rule 15 (1) of Cenvat Credit Rules, 2004. Since there is no finding on this aspect at all, the matter is remanded back to the Commissioner to examine this aspect. Appeal allowed in part and part matter on remand.
|