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2015 (10) TMI 1347 - CESTAT AHMEDABAD

2015 (10) TMI 1347 - CESTAT AHMEDABAD - TMI - Denial of CENVAT Credit - Bar of limitation - Held that:- Adjudicating authority denied the CENVAT Credit of ₹ 34,714.00 alongwith interest and imposed penalty of equal amount, which was upheld by the Commissioner (Appeals). The appellant availed the credit during the period from December 2004 to March 2005 and thereafter, fire occurred in the factory and therefore, the documents were destroyed in the fire. The Central Excise Audit party during .....

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credit in December 2004 to March 2006 and filed monthly return timely to the Central Excise Department. There is no suppression of facts with intent to evade payment of duty and the extended period of limitation cannot be invoked and therefore, the imposition of penalty is unwarranted. Accordingly, the impugned orders are set aside - Decided in favour of assessee. - Appeal No.E/1108/2011 - Order No. A/10280/2015 - Dated:- 26-3-2015 - Mr. P.K. Das, J. For The Appellant: Shri Nitin Chauhan, Employ .....

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4.00 alongwith interest and imposed penalty of equal amount, which was upheld by the Commissioner (Appeals). The appellant availed the credit during the period from December 2004 to March 2005 and thereafter, fire occurred in the factory and therefore, the documents were destroyed in the fire. The Central Excise Audit party during the audit in the year 2007-08, directed them to produce the documents. The appellant failed to produce the documents destroyed in fire. A show cause notice dt.15.7.200 .....

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