TMI Blog2014 (4) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... edit of duty paid on angles, channels and plates etc. which are used in the construction of supporting structure would be available. Though the Larger Bench in the case of Vandana Properties has held that the amendment to explanation (2) to Rule 2(k) of the Cenvat Credit Rules, 2004 by notification dated 7th July 2009 is retrospective in nature, the issue is debatable. In any event, dispute in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the manufacture of their capital goods and by relying upon the law declared by Larger Bench of this Tribunal in the case of Vandana Global. The demand stands confirmed by invoking longer period of limitation i.e. April 2007 to March 2009 by issuing show cause notice dated 7.3.2011. According to the ld. Counsel for the appellant that invocation of longer period was not justified as during relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be available. Though the Larger Bench in the case of Vandana Properties has held that the amendment to explanation (2) to Rule 2(k) of the Cenvat Credit Rules, 2004 by notification dated 7th July 2009 is retrospective in nature, the issue is debatable. In any event, dispute in the present case relates to the period prior to 7th July 2009 and, therefore, in our opinion, it is a fit case to hear t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
