Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (1) TMI 742 - AT - Central ExcisePenalty - Demand for reversal of the credit - Limitation - Taken Cenvat Credit on capital goods upon the duty paying documents in November, 2007 - It is his submission that the amounts sought to be reversed was in fact time barred - Credit was availed in November, 2007 while show-cause notice was issued on 24/2/2009 - Assessee submit that the show-cause notice has not invoked the proviso to Section 11A or proviso to Rule 15 of the Cenvat Credit Rules i.e. to say, that there was no allegation of suppression, mis-statement or fraud in availment of credit - Assessee had filed monthly returns with the authorities and no queries were raised by the authorities - As per the judgment of the Hon’ble Supreme Court in the cases of Kaur & Singh Vs. Collector [11996 -TMI - 44645 - SUPREME COURT OF INDIA], appeal is decided in favour of assessee.
|