TMI Blog2018 (5) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... e barred - the show cause notice for demand of interest is clearly barred by limitation - demand of interest set aside. Penalty under Rule 15 (1) of Cenvat Credit Rules, 2004 - Held that: - The plea of the appellant is that they had not taken excess Cenvat credit whereas the department has alleged that they had taken excess Cenvat credit and hence they had violated Rule 15 (1) of Cenvat Credit Rules, 2004. Since there is no finding on this aspect at all, the matter is remanded back to the Commissioner to examine this aspect. Appeal allowed in part and part matter on remand. - E/58041/2013 - FINAL ORDER NO.62006/2018 - Dated:- 27-3-2018 - Mr.Devender Singh, Member (Technical) Present for the Appellant: Shri Amarinder Singh, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tally Software to ERP Software, the closing balance were wrongly noted in the implementation of transition. He further submits that the penalty under Rule 15 (1) of Cenvat Credit Rules 2004 was not imposable as the show cause notice is barred by limitation. He relied on the following case laws:- (1) Northern India Woollen Mills vs. CC-1991 (53) ELT 81 (Tri.) (2) Bakeman s Home Products Pvt.Ltd vs, CC, Bombay-1997 (95) ELT 278 (Tri.) (3) CCE vs. VKN Industries Pvt.Ltd.-2015 (322) ELT 269 (P H) (4) Jai Bharat Maruti Ltd. vs.CCE-2014 (307) ELT 282 (P H) (5) Ranbaxy Laboratories Ltd. vs. CCE, Chandigarh- Final Order No.A/61538/2017 dated 17.4.2017. 3. Ld. AR for the Revenue submits that the discrepancy about availment of Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit Rules, 2004, penal action under Rule 15 (1) is warranted. 6. Once it is held by the adjudicating authority that section 11AC is not applicable and the elements for applying extended period for the demand are similar, the demand of interest itself becomes time barred. Plea of Ld.AR that the matter came to notice of Department in November, 2011 and the demand was issued on 7.3.2012 and issued within time is not sustainable since the extended period has to be calculated from the relevant date and the law prescribes the relevant date as date of filing of returns.. Hence, the show cause notice for demand of interest is clearly barred by limitation. It has been held by Hon ble High Court of Punjab Haryana High Court in CCE vs. VAE VKN ..... X X X X Extracts X X X X X X X X Extracts X X X X
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