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2014 (9) TMI 870 - AT - Central ExciseCENVAT Credit - endorsed Bills of Entry - duty paying documents - Extended period of limitation - Held that:- Endorser M/s. Parle Products Pvt. Ltd. submitted to the department Bills of Entry wise declarations to the effect that all goods imported under the respective Bills of Entry have been transferred to M/s. K.N. Food Industries Pvt. Ltd. Further, receipt of goods by the appellants and their actual use in the manufacture of the final products (which the appellants manufactured on behalf of M/s. Parle Products Pvt. Ltd.) is not in question at all. In the wake of this, it is difficult to fathom as to how the appellants can be held guilty of suppression of facts. The Show Cause Notice was issued on 14.02.2011 while the impugned Bills of Entry are dated 17.09.2007, 19.06.2008 and 23.09.2008 and thus the impugned demand will also be hit by time bar presuming that the imposed credit was taken within a reasonable time of a few months from the dates of Bills of Entry (The date of taking impugned Cenvat credit is not mentioned in the Show Cause Notice or in the Order-in-Original and Order-in-Appeal - Decided in favour of assessee.
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