Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 1040 - AT - Central ExciseCenvat credit denied - various items namely aluminium coils, S.S. Sheets, plates channels, M.S. angles etc. - revenue has declined to accept them as capital goods - Held that:- Keeping in view the law laid down by the Hon'ble High Courts and the Supreme Court in Rajasthan Spinning & Weaving Mills [2010 (7) TMI 12 - SUPREME COURT OF INDIA ] and M/s. Lloyds Metals and Engg Ltd.[2014 (8) TMI 913 - CESTAT MUMBAI ], it is of the considered view the appellants are entitled to CENVAT Credit on all the items mentioned above and the impugned order denying the CENVAT Credit solely on the basis of law laid down by the Larger Bench in the case of M/s. Vandana Global Limited (2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ) is wrong. Extended period of limitation invoked - Held that:- After going through the various judgments cited by the ld. Counsel for the appellants on limitation, wherein the various benches of the Tribunal has held that when the same provision of law is subject to various interpretation by different benches, then in that situation, extended period of limitation should not be invoked. As in that situation, no malafide can be attributed on the part of the appellants so as to justify invoking the longer period of limitation. Therefore, on limitation also I find that the entire demand except ₹ 14,206 is beyond limitation.
|