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 286 - AT - Central ExciseShort reversal of SAD - On the Department pointing out the mistake in September, 2006, the assessee made good the short payment - clearances of the imported inputs to ancillary units for manufacture of PCBs - Interest u/s 11AB - Penalty u/s 11AC - Held that:- Demand in this case is barred by limitation. Further, as the appellant were having sufficient balance in their Cenvat Credit Account, the demand of interest is also not sustainable. Further, as the show cause notice was also issued by invoking extended period of limitation, therefore, penalty on the appellant is not imposable. It is also noted here that as the appellant has reversed the Cenvat credit of SAD, which has ultimately taken up by the buyer in that case, consequent to this order, the appellant will not avail cenvat credit again in SAD in their Cenvat Credit Account - Decided partly against assessee.
|