TMI Blog2014 (6) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... instead of availing Suo moto credit - Bar of limitation - Held that:- demand stands raised on the scrutiny of the appellant’s statutory documents itself, which shows that everything was recorded and there cannot be any mala fide. The appellants have also reflected the availment of the credit in their returns filed for the relevant period 2007-2008. Inasmuch as the re-entry was made in December 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant on payment of duty and the same were rejected by M/s Tata and received back by the appellant and again cleared on payment of duty. There is no dispute about the above facts which are also supported by the certificate issued by M/s Tata Motors. The Revenue is denying the credit on the sole ground that there is no evidence of transportation of the goods from the premises of M/s Tata Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and effective from 1.7.2007, there was a price escalation clause. However, the appellant by mistake, in respect of the goods cleared from April to May 2007, raised supplementary invoices somewhere in November 2007, and accordingly paid duty. Inasmuch as the escalation was effective only from 1.7.2007, M/s Ashok Layland did not accept such supplementary invoices in respect of the goods cleared duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a fide. The appellants have also reflected the availment of the credit in their returns filed for the relevant period 2007-2008. Inasmuch as the re-entry was made in December 2007 and the notice stands issued on 8.3.2010, I agree with the ld. Advocate that the demand is barred by limitation. The same is accordingly set aside. 6. In view of the above, the appeal is allowed with consequential rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
