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2017 (5) TMI 1227 - CESTAT NEW DELHICENVAT credit - job-work - goods were not received back within 180 days - extended period of limitation - Held that: - there is no suppression of fact or wilful mis-statement etc. on the part of the appellant. That is why the SCN issued for the present facts cannot be legally sustained. The merit of the demand does not need any comments as the SCN itself is time-barred. The demand is time barred it is enjoined on the part of the appellant to honour the liability of interest automatically. The appellant has failed to honour the liability of interest which accrued automatically for the period, when they crossed the limit of 180 days’ period within which the goods are required to be returned to principal manufacturer, who is the appellant. The liability of interest is limited to the amount of CENVAT credit only for the period beyond 180 days, when goods were not returned and credit continued in the assessee’s books of accounts. Only the liability of interest for the period exceeding the 180 days’ limit when CENVAT credit continued in the assessee’s account is sustained and for requantification of said liability of interest, the matter is remanded to the original adjudicating authority - appeal allowed by way of remand.
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