TMI Blog2018 (2) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... ful mis-statement, suppression of facts with intent to evade payment of duty cannot be made. The demand of CENVAT Credit for the extended period of limitation cannot be sustained and the penalty is also liable to be set aside - appeal allowed - decided in favor of appellant. - Appeal No. ST/76114/2017 - Order No. FO/A/75075/2018 - Dated:- 19-1-2018 - Shri P. K. Choudhary, Hon ble Judicial Member Shri Mahesh Raichandani, Advocate for the Appellant Shri S. Mukhopadhyay, Suptd. ( AR ) for the Respondent ORDER Per Shri P. K. Choudhary Briefly stated the facts of the case are that - The appellants are engaged in Refining of the Crude Oil into Petroleum products. They availed CENVAT Credit on Inputs, Capital Goods a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for the purpose of taking credit. The Commissioner (Appeals) observed that the appellant failed to substantiate their plea alongwith documentary evidence so far as the credit availed on transportation charges was not taken for traded goods. 4. I find that the appellant availed the credit on the basis of the documents prepared in ERP System. Apparently there is a doubt on availment of the credit on trading goods. In any event, I find that there is no material available on record of suppression of facts with intent to evade payment of tax. The Tribunal in the case of Rajasthan Renewable Energy Corporation Limited Vs. Commissioner of Central Excise, Jaipur 2017 51 (S.T.R) 269 ( Tri-Del) allowed the appeal of the assessee on the ground th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Notification No. 15/94. The said reversal was done by the appellants on 27-11-95. The Department was aware of the reversal done by the appellants on 27-11-95, but still they did not issue the show cause notice to the appellants till 4-5-98, demanding the duty. The Department s inaction in not issuing the show cause notice immediately on being pointed out by the Audit Party is unexplainable. In the absence of any cogent reason, particularly when the Audit Party from the Department itself, had visited the appellants works, the Department cannot allege that there was a misdeclaration and suppression. 6. In the case of Commissioner of Central Excise Allahabad Vs. Bharat Yantra Nigam Limited 2014 (36) S.T.R. 554 (Tri.-Del) The Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
