Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 157 - CESTAT MUMBAICENVAT Credit against payment of Education Cess and Secondary & Higher Education Cess on counter veiling duty (CVD) - Held that:- The case of the appellant in availing Education Cess and Secondary Cess and Higher Education Cess and viz-a-viz Cenvat credit can only be considered as bonafide mistake in not knowing the change of rule and the same cannot be treated as suppression of fact or mis-statement etc. as they have paid the entire duty demand amount by way of Cess which were no more leviable. It has been held that such conduct of appellant can never be treated as suppression of fact, willful misstatement of fraud or violation of statutory provision to invoke extended period and impose fiscal penalty on the appellant. Appeal allowed - decided in favor of appellant.
|