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2008 (3) TMI 593 - CESTAT, NEW DELHICENVAT credit - suppression of facts - whether the Cenvat credit is admissible on Bill of Entry wherein duty has been paid through DEPB Scheme? - Held that: - the Tribunal in the case of Polyhose India Pvt. Ltd. v. Commissioner [2002 (11) TMI 164 - CEGAT, CHENNAI] passed by the Single Member Bench took the view that Modvat credit can be taken on the CVD by debit in the DEPB - it cannot be said that the appellant was withholding information deliberately with intent to evade payment of duty. So, the payment of duty for the extended period of limitation cannot be invoked - demand set aside on the ground of limitation - appeal allowed - decided in favor of appellant.
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