Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2009 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 389 - CESTAT, AHMEDABADCredit on retuned goods – Credit of SED paid denied on return of goods as SED not leviable at time of receipt of rejected goods - I find that in terms of Rule 16(1), the duty “paid” at the time of clearance is available as credit at the time of return of the goods to the factory and not the duty “payable” at the time of receipt of the goods. - Undisputedly, the SED was paid by the buyer irrespective of the fact that whether he was required to pay the same or not and as such duty paid would be available as credit to the assessee. - Apart from merits of the case, I am agree with the learned advocate that the demand having been raised in 2007 when the goods were admittedly received back in November, 2002 and returns were filed with the department is barred by limitation. - When the appellant has intimated the Revenue about receipt of the goods and the fact of availing credit of entire duty, they cannot be held guilty of any suppression with mala fide intent even though BED and SED were not shown separately as credit. – Invoices having been filed along with intimation, it was very clear that the credit of two types of duties have been availed by the appellant. In such a scenario, I fully agree with the appellant that there cannot be any mala fide intent to avail wrong credit. The demand having been raised beyond the normal period of limitation, is time-barred. – Demand and penalty not sustainable
|