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2010 (5) TMI 413 - CESTAT, NEW DELHISSI exemption - subject to condition that while availing full duty exemption, they do not avail input duty Cenvat credit - start paying full duty and availing Cenvat credit as soon as their clearances cross Rs. one crore - clearances crossed the limit of Rs. one Crore only on 20-9-01, they started availing the Cenvat credit from 1-9-09 - were availing full duty exemption, the finished product being fully exempt from duty, the Appellants were not eligible for input duty credit – Held that: - Appellants have declared as to on which date the exemption limit of Rs. one crore was crossed by them and accordingly from which date, they became eligible for Cenvat credit and on which date the Cenvat credit in respect of inputs had been taken. Just giving consolidated figure of total Cenvat credit-availed during July’01-Sept’01 period does not amount to disclosing all the relevant facts and from the facts disclosed in the quarterly ER-1 return, it was not possible for Departmental Officers to ascertain as to whether the Cenvat credit taken by them during quarter ending 2001 had been taken only after crossing the limit of Rs. one crore - full facts had not been disclosed and hence longer limitation period has been rightly invoked by the Department - appeal is dismissed.
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