Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 1550 - AT - Central ExciseCenvat credit - allowability - Cenvat credit taken prior to the receipt of goods - utilised Cenvat Credit not available on the date of utilisation - appellant deposited interest for 2 days on the Cenvat amount and intimated to the revenue on 16/9/11 prior to issue of the SCN - Held that:- so far invoice number 95 dated 25/9/07 is concerned, there is no material alteration in the gate register or on the body of the invoice. Accordingly the demand relating to this invoice is set aside along with the penalty imposed. So far the demand relating to Cenvat Credit for invoice numbers 50 and 51 dated 27/6/07 is concerned I find that the modvat Stamp is affixed in a different place in spite of there being space available at the usual place and secondly I find that there is material alteration in the gate register both in the serial number as well as the date in entry number 288 and 289. Thus manipulation is writ large on the face of the record. Thus, the demand in respect of invoice number 50 and 51 is upheld. Period of limitation - Held that:- in such cases of manipulation and/deliberate avoiding the tax liability, I hold that extended period of limitation is available. Accordingly, the demand is held to be within time. - Decided partly in favour of appellant with consequential relief
|