TMI Blog2014 (12) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon'ble Courts have taken the view that the said provisions are applicable only from the date of introduction. The demand in this case is for the period prior to the date of introduction. I also find that the Revenue has not been able to elaborate what is the misrepresentation or misstatement done by the respondent. Similarly, I do not find any suppression of fact with intention to evade duty in the whole case - Decided against Revenue. - Appeal No.E/1253/09-Mum - Final Order No. A/1351/2014-WZB/C-IV(SMB) - Dated:- 14-10-2014 - P K Jain, J. For the Appellant : Shri Ashutosh Nath, Assistant Commissioner (AR) For the Respondent : Shri S Narayanan, Adv. JUDGEMENT Per: P K Jain: The respondent is engaged in the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue has also taken support from the Board's circular No. 645/36/2002-CX dated 16.7.2002, where clarification on the said subject has been issued. It was also submitted by the Revenue that the Commissioner (Appeals) has erred in holding that the extended period was not invokable as the facts of the case have been misrepresented by the respondent and the respondent has not informed the department till date the whereabouts of inputs, inputs in WIP which have been written off as obsolete in the books of account in the year 2003-04. 3. The learned AR vehemently supported the grounds of appeal as also the miscellaneous application filed by the department, wherein it has been stated as follows:- The assessee have not rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e situation covered by the present case, it is only from 1.3.2011 that the respondent is required to reverse the credit. The learned counsel also stated that in their case the period involved is prior to 2003-04 and, therefore, the amended rule cannot be applied. The learned counsel also stated that in 2007 when the issue was brought up and the rule was amended, though for fully written off cases, they have decided to reverse the credit as on 1.4.2007. Obviously these figures would include even the figures of trial balance sheet of 2003-04 on which the demand has been raised. The learned counsel has also stated that practically it is not possible for one-to-one correlation of each item and what has happened to the said item. The learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff, they decided to reverse the credit as on 1.4.2007 as it clear from their letter dated 4.10.2007. The learned counsel also undertook that they are not asking for the amount paid on 4.10.2007 by reversing the cenvat credit. Their grievance is relating to penalty provision. The learned counsel also quoted the Hon'ble Supreme Court's judgment in the case of UOI vs. Rajasthan Spinning Weaving Mills reported in 2009 (238) ELT 3 (SC), to support his contention that there were no ingredients so as to invoke extended period of limitation. 6. I have considered the rival submissions. It is observed that the Commissioner (Appeals) in his order has noted as under:- 10. I have gone through the facts of the case including the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the demand by the Department was based on figures given in the financial records which were documents in the public domain. Therefore in my view there was no ground for invoking the extended period. I am therefore of the view that the demands were barred by limitation of time and I therefore do not propose to go into the merits of the case. 7. I find that the issue on merits is already settled in favour of the respondent as is evident from the judgment of the Hon'ble Bombay High Court in the case of Hindalco Industries Ltd.(supra) as also by the Hon'ble Gujarat High Court in the case of Ingersoll Rand (India) Ltd. (supra), wherein the Hon'ble Courts have taken the view that the said provisions are applicable only from th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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