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2017 (1) TMI 232 - AT - Central ExciseCenvat credit - MS angles, channels, HR plates, etc - Interest - Penalty - Time limitation - Held that: - I do find merit in the contention put forward by appellant counsel, that when the department has accepted the eligibility of credit for the previous period the department ought not to have issued Show Cause Notice for the present period alleging suppression of facts and thus invoking the extended period of limitation - Larger Bench of the Tribunal in the case of Ultratech Cement Ltd., [2016 (1) TMI 520 - CESTAT NEW DELHI]. The Tribunal in the said case has analysed that the issue whether MS items used for manufacture/fabrication of capital goods etc., was contentious during the relevant period and therefore extended period is not invokable. Whether MS angles, channels, HR plates, etc., used for fabrication of capital goods is eligible for credit has been I held in favor of the assessee in the case of India Cements Ltd., [2015 (3) TMI 661 - MADRAS HIGH COURT ]. The period involved as evidenced by the invoices is prior to 07.07.2009 - Appeal allowed - decided in favor of the assessee.
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