Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2022 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 250 - CESTAT NEW DELHICENVAT Credit - CVD paid by debit entries in DEPB - rejection of credit on the ground that no credit can be availed on duty payment made through debit in their DEPB, stating that such debit does not constitute as payment of duty - Suppression of facts or not - barred by time limitation - HELD THAT:- Admittedly the appellant was a registered assessee and were maintaining proper books of accounts in the ordinary course of business. Further, the appellant was regularly filing their periodical returns with the Department. It is not the case of the Department that the appellant was not filing their periodical returns or had left any column in the return blank, resulting in suppression of any material information. The show cause notice is based on information derived from the record of the appellant. Further, the stand of the appellant in taking credit of CVD, which have been paid through DEPB (Duty Entitlement Pass Book) Scheme is bonafide. Also, such credit is held to be in order, as held by Delhi High Court in COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX LTU NEW DELHI VERSUS HAVELLS INDIA LTD [2015 (10) TMI 1553 - DELHI HIGH COURT] and in COMMISSIONER OF CENTRAL EXCISE COMMISSIONERATE, LUDHIANA VERSUS M/S NEEL KANTH RUBBER MILLS [2010 (4) TMI 281 - PUNJAB & HARYANA HIGH COURT]. The show cause notice is hit by limitation, there is no element of suppression or fraud etc. - appeal allowed - decided in favor of appellant.
|