Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 785 - AT - Central ExciseCENVAT CRedit - GTA Services for outward transportation of their final product during the period 2013-14 and 2014-15 - demand by invoking extended period of limitation - Held that:- Admittedly, during the relevant period, all the decisions were in the favor of assessee laying down that credit of service tax paid on GTA services for transportation of the final product up to the buyer’s premises, is permissible. Further, the credit was being availed by the appellant, by reflecting the same in their Cenvat account, which have subsequently audited and an objection was raised. The factum of reflection of credit in the statutory account is indicative of the bonafide intention. Revenue apart from making a bold observation that the assessee was aware of the fact of non-admissibility of credit, has not referred to any evidence on record to show that such credit was being availed with a malafide intention. There are no basis for the revenue to arrive at the above finding. Penalty - Held that:- As the extended period has been held as non invokable, in the absence of any malafide, the penalty imposed on the appellant is also required to be set aside for the same reason. The demand having being raised beyond the limitation period is barred - adjudicating authority directed to re-quantify the demand falling within the limitation period. Appeal allowed in part by way of remand.
|