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2015 (12) TMI 9 - AT - Central ExciseDenial of CENVAT Credit - Capital goods - Invocation of extended period of limitation - Held that:- view taken by Commissioner (Appeals) in holding that extended period of limitation is invocable appears to be erroneous. I find that the appellant have duly informed the Revenue authorities at the time of fabrication and/or taking of credit by way of letter as well as by way of Annexure to its returns and as such there is no case of suppression of facts or any contumacious conduct on the part of the appellant-assessee. In this view of the matter, the extended period of limitation seeing not invocable. Thus, there is a prima facie case in favour of the appellant. - stay granted.
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