Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 849 - AT - Central ExciseConcessional Rate of Duty on Textile – Benefit of Exemption Notification No. 29/2004 and 30/2004 – Condition of Making separate books of Accounts - Reversal of Cenvat credit as per Notification No. 30/2004 – Waiver of Pre-deposit – Held that:- Appellants have correctly worked out the cenvat credit pertaining to the exempted goods and the same has been reflected in their ER-1 returns. - department is not able to give any records on the basis of which it can be said that there is a short reversal of cenvat credit - in the show-cause notice also it was not taken up by the department that there was any less reversal of cenvat credit and that it is not necessary that cenvat credit should be reversed before the clearance of the goods - Extended period has been made applicable in the present proceedings when the fact of reversal of cenvat credit was reflected in their periodical ER-1 returns filed with the Department - Once the fact of reversal of cenvat credit is indicated in their periodical returns, then it cannot be held that there was any misstatement or suppression with intention to evade Central Excise duty and accordingly extended period cannot be made applicable. Prima facie the department has no basis whatsoever to indicate that appellants have less reversed the cenvat credit with respect to inputs as per the provisions of notification No. 30/2004-CE read with CBEC clarification dt. 28.07.2004 - appellants have made out a prima facie case on time barred because details of reversal of cenvat credit have been duly reflected in their ER-1 returns - Prima facie appellants have made out a case for complete waiver of the demand confirmed against them – stay granted.
|