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2023 (9) TMI 353 - CESTAT KOLKATATime limitation - reversal of CENVAT credit while opting SSI exemption - appellant rectified their mistake by reversing CENVAT credit - HELD THAT:- The discrepancy regarding the reversal of CENVAT credit while opting SSI exemption came to the Department at the time of Audit and the appellant reversed the cenvat credit along with interest for intervening period. In that circumstances, there was no requirement to issue the show-cause notice to the appellant - the proceeding against the appellant is not sustainable - SCN is barred by limitation. The impugned order is set aside and the appeal is allowed by confirming reversal of cenvat credit by the appellant and the payment of interest thereof for the intervening period.
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