2016 (8) TMI 538

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....ved proposing to any the credit for recovery of the irregularly availed credit along with interest and proposing penalty. After due process of law, the credit was disallowed confirming the demand of Rs. 7,99,468/- along with interest and imposing equal amount of penalty. The appellants carried the issue in appeal and vide order impugned herein, the Commissioner(Appeals) set aside the demand on steel items on the ground of limitation but upheld the demand of Rs. 1,97,559/- availed on cement. Being aggrieved the appellants have preferred this appeal. 2. The learned consultant appearing for the appellant explained that the entire demand is hit by limitation and that the Commissioner(Appeals) has erred in sustaining part of the demand without ....

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....it on the bona fide belief that the same is admissible. On merits, the learned consultant placed reliance on the judgments laid in Mundra Ports & SEZ Ltd. Vs. CCE&Cus [2015(39) STR 726 (Guj.)] and Sai Sahmita Storages (P) Ltd. [2011-TIOL-863-HC-AP-CX]. 3. Against this the learned AR strongly argued that credit is not admissible. He submitted that the learned Commissioner has been lenient enough to set aside the credit availed on MS items on the ground of limitation. The disallowance of credit availed on cement is sustainable as held in the judgment of Vandana Global ltd. case [2010(253) ELT 440 (Tri. LB)]. 4. I have heard the rival submissions. The Commissioner(Appeals) vide the impugned order has held the demand of credit on MS items to ....