TMI Blog2011 (1) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued on 24/2/2009 - Assessee submit that the show-cause notice has not invoked the proviso to Section 11A or proviso to Rule 15 of the Cenvat Credit Rules i.e. to say, that there was no allegation of suppression, mis-statement or fraud in availment of credit - Assessee had filed monthly returns with the authorities and no queries were raised by the authorities - As per the judgment of the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods in November, 2007. It was noticed by the lower authorities that these capital goods were dispatched to Unit No.2 on 31/12/2007 and on payment of appropriate duty. Investigation was carried out and as per the direction of the investigating authorities, the appellants reversed the entire amount under protest. Show-cause notice was issued for reversal of Cenvat Credit. The Adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viso to Rule 15 of the Cenvat Credit Rules i.e. to say, that there was no allegation of suppression, mis-statement or fraud in availment of credit. He would submit that they had filed monthly returns with the authorities and no queries were raised by the authorities. For this proposition, he would rely upon the judgment of the Hon ble Supreme Court in the cases of Collector Vs. HMM Ltd. [1995(76 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld by the ld. Commissioner(Appeals) is time barred or otherwise. 7. I find that the issue in this case can be disposed only on the question of time bar. It is undisputed that the appellants had availed the Cenvat Credit of the Central Excise duty paid on the capital goods based upon the duty paying documents in November, 2007. It is also undisputed that the appellants had been filing the month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spectfully following the same, I hold that the impugned order passed by the lower authorities are not correct and legal, liable to be set aside and I do so. Since I disposed off the appeal only on limitation, I am not recording any findings on the various submissions made by both sides. Appeal is allowed with consequential relief. (Pronounced and dictated in open court) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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