Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 2590 - AT - Central ExcisePenalty - Time limitation - Reversal of cenvat credit - Held that: - It is an admitted fact that irregularly availed cenvat credit and subsequently reversal thereof is not attributable to any fraud, collusion, misstatement with intent to evade payment of duty. In such an eventuality, the Department was required to issue the SCN within a period of one year from the relevant date i.e. reversal of cenvat credit - The Hon’ble Supreme Court in the case of T.V.S. Whirlpool [1999 (10) TMI 701 - SUPREME COURT OF INDIA] have held that period of limitation is not only applicable for the claim of the Principal amount, but has also applicable to the claim of interest thereon - appeal allowed - decided in favor of appellant.
|