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2018 (12) TMI 1360 - AT - Central ExciseCredit of cess paid on the counter veiling duty - Extended period of limitation - Held that:- Admittedly the credit was being availed by the assessee by reflecting the same in their statutory records. The said fact was also declared by the appellant in their returns filed with the Revenue. Mere non-payment of tax or wrong availment of credit by itself, cannot lead to be a mala fide intent on the part of the assessee - It is well settled law that for invocation of longer period, Revenue has to produce evidence on record that any suppression or mis-statement by assessee was with a mala fide intention. In the present case, there was not even any suppression on the part of the assessee inasmuch as he was disclosing the fact of availment of credit to the Revenue - the demand is barred by limitation. The demand of duty along with imposition of penalty is set aside except the part which may fall within the limitation period - appeal allowed in part.
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