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2018 (1) TMI 629 - AT - Central ExciseDeemed credit - N/N. 29/96 CE (NT) dt. 03.09.1996 - deemed credit disallowed on the ground that the value of raw material was suppressed which resulted into short levy and hence due to such incorrect declaration, the deemed credit is not available to the Appellant - Held that: - the price declarations based upon the cost sheet data furnished by the merchant/ trader M/s Jaitex was filed by Appellants. The same is apparent from the statement of Shri Mehra, Proprietor of the Unit and Shri R. Prasad, Authorised signatory. There is no evidence that the Appellant has suppressed or misdeclared the prices. For the incorrect value furnished by the supplier the Appellant cannot be find faulted with. The Revenue has not been able to bring on record any evidence as to collusion of Appellant with M/s Jaitex - in such view of facts the Appellant cannot be held responsible for the alleged offences. Extended period of limitation - Held that: - In view of the facts which clearly does not show any act on the part of the Appellant to evade duty payment we hold that the demands raised by invoking extending period of limitation is not sustainable against the Appellant - penalty also set aside - demand only for normal period upheld. Appeal allowed in part.
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