Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 648 - CESTAT NEW DELHIWaiver of pre deposit - Denial of CENVAT Credit - Invocation of extended period of limitation - Held that:- We really fail to understand the late issuance of the show cause notice, by invoking the extended period based upon the same set of investigation, when the first show cause notice itself was issued in December 2008. The period covered in the present appeal could have been covered in the earlier show cause notice inasmuch as that show cause notice was also issued after a period of two years from June 2006. As such we are of the view that the appellant had a good case on limitation. Apart from that we also note that the appellant had already deposited Rs. 2.5 lakhs approximately. By treating the same as sufficient for the purpose of Section 35F of the Act, we dispense with the balance amount of duty and entire amount of penalty and stay the recovery of penalties upon both the appellants during the pendency of the appeals - Stay granted.
|