Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 889 - AT - Central ExciseMODVAT credit - manufacture of 'breakfast cereals' - case against the appellant is that the inputs that were shown to have been consumed in the RG 23A Part I was allegedly in excess of that shown in the stock ledger - Held that: - the appellant either did not, or would not, take up the responsibility of reconciling the two records. It is also seen that a plea was entered before the original authority that admitting of the issues and returns would clearly demonstrate that there was no deficit - there is no option but to hold that the appellant did not attempt to participate in a formal closure in accordance with the directions of the Tribunal. Without such reconciliation there is no scope for any reduction in the liability to duty on merit. Extended period of limitation - Held that: - There is also no allegation that any goods have been removed clandestinely. The scope for invoking the extended period in section 11A of CEA, 1944 does not exist in the absence of the ingredients permitting such. Appeal allowed - decided in favor of appellant.
|