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2009 (2) TMI 131 - AT - Central ExciseDemand and Recovery - Period of Limitation – Reversal of Cenvat Credit – Removal of Capital Goods ‘as such’ - The Show Cause Notice issued proposing demand for differential duty had been issued in February, 2006 whereas the short reversal of credit/short-payment of duty had occurred on removal of capital goods in September, 2004. In view of the fact that the respondents had intimated particulars of payment of duty on removal of the capital goods in their monthly return for September, 2004, the allegation of suppression of fact cannot be held to have been substantiated. Therefore, the demand is barred by limitation. – Demand is not sustainable.
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