TMI Blog2015 (7) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... tion) Act, 1951 - Invocation of extended period of limitation - Held that:- Out of the total confirmed demand of ₹ 1,32,47,138/-, involved in all the appeals, ₹ 34,11,070/- would be barred by limitation and the balance amount of ₹ 98,36,068/- would fall within the limitation period. Since the issue is contentious and arguable and the entire activities were within the knowledge of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Per : ARCHANA WADHWA As the issue involved in all these stay petition is common, the applications are being disposed of by a single order. 2. The appellants are engaged in the manufacture of various types of motor vehicles including the dumpers, which have been supplied to Ministry of Defence and are exempted from payment of duty of excise in terms of Notification No.63/1995-CE dt. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on merits. The present demand is being contested by him on limitation and he submits that out of the total confirmed demand of ₹ 1,32,47,138/-, involved in all the appeals, ₹ 34,11,070/- would be barred by limitation and the balance amount of ₹ 98,36,068/- would fall within the limitation period. He submits that since the issue is contentious and arguable and the entire activit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limitation period. As regards the deposit of the said duty out of the CENVAT credit account, we are of the prima facie view that in terms of provisions of CENVAT Credit Rules, 2002 and 2004, credit of duty of excise can be used for payment of cess. As such, if the appellant has the credit of excise duty, in their CENVAT credit account, the same can admittedly be utilised for payment of cess. In s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
