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2016 (1) TMI 520 - AT - Central ExciseCenvat Credit - Extended period of limitation - Bonafide belief - Credit on TMT bars, MS Flats, MS Angles, MS channel, MS beam, sheets, MS. Round, MS Steel, MS Pipes, etc., during the period from July, 2007 to June, 2009 - manufacture of Cement and Cement Clinker liable to Central Excise Duty - Held that:- We tend to agree the appellants’ plea that they have entertained a bonafide belief regarding the eligibility of MS Angles, etc for CENVAT Credit during the impugned period. This is supported by the adjudicating authorities finding in one of the appellants’ other unit in Andhra Pradesh. The credit on similar iron and steel items were allowed by the department in that unit. We were informed that no appeal has been filed against the said order. There is no ground for invoking extended period for demand in the present case and as such the demand is barred by limitation. The impugned order is set aside on the issue of time bar and the appeal is allowed on this ground. - Decided in favor of assessee.
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