2016 (7) TMI 629

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..... availed on TMT Rebar Coils, TMT Rebar and cement. 2.  The appellants are engaged in the manufacture of straw boards and Paper & paper boards and are availing CENVAT facility on inputs and capital goods.  During the period July 2009, it was found that appellant availed irregular credit on TMT Rebar coils, TMT Rebar, Rebar and Cement treating such items as capital goods.  A show-caus .....

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..... is that the demand is time barred.  It is submitted that appellant had filed periodical returns disclosing the details of credit availed.  It is for the department to conduct scrutiny of such returns and inform the appellant about defects within the normal period.  Prior to 07/07/2009, credit was admissible on the impugned items and appellant was under bona fide belief that credit i .....

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..... uty.  The findings of Commissioner(Appeals) is that appellant ought to have ensured whether credit is admissible before availing credit.  This does not amount to suppression.  Further the show-cause notice relies upon ER-1 returns filed by appellant.  This again established, that appellant disclosed necessary details in ER-1 returns.  All these prove that appellant is not .....

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