2010 (3) TMI 150 - HC - Central Excise

Utilization of Modvat Credit period of limitation - Whether in the absence of any prescribed period of limitation the demand raised by the petitioner within a reasonable time after the evasion came to its notice could be nullified on the plea of delay? Held that In CEA No.66 of 2009 M/s RLF Limited vs. Commissioner of Central Excise (Appeals) Gurgaon decided on 30.6.2009 it has been held that modvat credit would be available for utilization in the compounded levy scheme as well. Therefore the question referred has been rendered infructuous as the demand itself does not sustain.

Summary

The High Court of Punjab & Haryana disposed of a reference as infructuous as the demand was found not to sustain due to modvat credit availability in the compounded levy scheme. Judgment by Hon'ble Mr. Justice Ashutosh Mohunta and Hon'ble Mr. Justice Mehinder Singh Sullar on March 19, 2010.