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2016 (2) TMI 21 - GUJARAT HIGH COURT

2016 (2) TMI 21 - GUJARAT HIGH COURT - 2016 (335) E.L.T. A207 (Guj.) - Extended period of limitation - Cenvat Credit - clearance of inputs as such - bonafide error in not reversing the credit as per Rule 3(5) of CCR - Held that:- It was noticed that the assessee had under bona-fide belief not reversed the CENVAT credit on the goods so cleared. That being a finding of fact, in our opinion, no question of law arises. - Counsel for the revenue pointed out that even the demand within the period of 1 .....

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ted 8.6.2015 raising following questions for our consideration. (i) Whether the CESTAT is justified in giving the benefit of Cenvat credit to the respondent which is clear violation of Rule 3(5) of the Cenvat Credit Rules, 2004? (ii) Whether the Tribunal is justified in allowing the respondent to clear the inputs as such which is in contravention of the Notification No.22/2003-CE dated 31.03.2003 which clearly says that exemption is available subject to the condition that the user industry bring .....

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ity even though the inputs were cleared by the respondent without payment of duty as such to an EOU and at the same time retain the CENVAT taken without reversing it ? 2. Upon perusal of the impugned judgment of the Tribunal with the assistance of the learned counsel for the revenue, we notice that the main question involved in the appeal is regarding invocation of the extended period for recovery of the excise duty. That department having applied extended period of limitation of 5 years, Tribun .....

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