Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2019 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 182 - CESTAT BANGALORECENVAT Credit - capital goods sold as scrap and waste - Rule 3 (5A) of the CCR, 2004 - time limitation - suppression of facts or not - HELD THAT:- As per the stand of Revenue, the capital goods have been sold as scrap and waste and that is why they have invoked Rule 3(5A) of the CCR, 2004 to demand duty on transaction value. Further, perusal of the invoices on record show that the appellants have not sold capital goods as waste and scrap, in fact, the capital goods have been sold after use. Further, it has not been established by the Revenue that the appellants have availed CENVAT credit on these capital goods which needs to be reversed on its sale unless it is established that the appellants have availed CENVAT credit, the demand for reversal of CENVAT credit does not arise. Time limitation - suppression of facts or not - HELD THAT:- There is no suppression on the part of the appellant with intent to evade payment of duty because the entire demand has been raised based on the documents furnished voluntarily by the appellant during the course of enquiry - extended period cannot be invoked. The impugned order is not sustainable on merit as well as on limitation - appeal allowed - decided in favor of appellant.
|