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2017 (7) TMI 709 - AT - Central ExciseTime limitation - CENVAT credit - denial of the proportionate Cenvat credit availed in respect of Furnace Oil used for generation of electricity, a part of which was transmitted to Tamil Nadu Electricity Board (TNEB) - whether notice issued in 2005 covering the period from April, 2000 to June, 2001 is barred by limitation or not? - Held that: - The criteria for invocation of the longer period of limitation is suppression, misstatement etc., with an intent to evade payment of duty - no malafide intention can be attributed to the assessee, so as to invoke the longer period of limitation. Accordingly, the demand is barred by limitation and the denial of credit in respect of Furnace Oil along with setting aside of interest and penalty set aside. Penalty - Damaged inputs - Waste and Scrap and Jumbo Baggase - demand - Held that: - as the entire credit was availed by reflecting the same in statutory records in terms of the Central Excise provisions. As such, it stands contended that there was no suppression with any malafide on their part so as to invite any penal action. Appeal allowed - decided in favor of appellant.
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