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2019 (2) TMI 1417 - AT - Central ExciseCENVAT Credit - used capital goods or scrap? - used printing cylinders sold as scrap - liability for the period upto 01/04/2012 and after 27/09/2013 - extended period of limitation - Held that:- From 01/04/2012 to 27/09/2013, the law is very clear and even in respect of capital goods cleared as scrap, the appellants are required to reverse the credit as per the said provision. In this regard, Ld. Counsel has argued that in some of the cylinders, they have not availed the Cenvat Credit. The said claim was, however, not made before the lower authorities. It is apparent, that the provisions of Central Credit Rules, 2004 would apply only to the capital goods cleared as scrap on which they have availed Cenvat Credit. In respect of others, the said provision may not apply. The reversal of CENVAT Credit needs to be requantified in such cases. Accordingly, for the period 01/04/2012 to 27/09/2013, the matter is remanded to original Adjudicating Authority to work out to exact liability - In respect of period after 27/09/2013, the law is very clear and capital goods cleared as scrap has to be charged to duty on the basis of the transaction value. The appellant has already discharged the liability and thus the demand cannot sustain for that period. Extended period of limitation - Held that:- The law and the material time was very clear and there was no scope for doubt. In these circumstances, the extended period is rightly been invoked. Appeal allowed in part and part matter remanded.
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