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2018 (10) TMI 1367 - AT - Central ExciseCENVAT Credit - time limit of invoices raised - the invoices, on the basis of which the credit was availed, was older than six months - N/N. 21/2014-CE(NT) dated 11.07.2014 made effective w.e.f. 01.09.2014. CENVAT Credit - capital goods - availment of credit of 50% of the balanced credit required to be availed in the subsequent financial year - Held that:- Even though there is no such amendment in Rule 4 for availing the Cenvat credit of duty paid on the capital goods within a period of six months, the same stands denied by Commissioner (Appeals) even after observing that there is no such requirement of law - there is no justification for denial of credit - credit allowed. Whether the demand is barred by limitation? - Held that:- The entire credit was availed by the appellant by reflecting the same in their Cenvat credit records. As such, there cannot be held to be any suppression or misstatement on their part with a malafide intention so as to invoke the longer period of limitation - the demand having been raised beyond the normal period of limitation is barred. Appeal allowed - decided in favor of appellant.
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