TMI Blog2019 (1) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... s not entitled to avail the Cenvat credit on capital goods; therefore, the Cenvat credit availed from 03.05.2005 on capital goods is denied. Extended period of limitation - Held that:- During the period of availment of exemption under Notification No. 50/2003 ibid, the appellant has not intimated to the Department for availment of the Cenvat credit. Unless and until, an investigation was conducted at the end of the appellant, the said availment of the Cenvat credit on capital goods could not be unearth. In these circumstances, we hold that extended period of limitation is rightly invoked. Appeal allowed in part. - APPEAL NOs. E/2461/2007 & E/1717/2009-Ex[DB] - A/63596-63597/2018-EX[DB] - Dated:- 7-12-2018 - Mr. Ashok Jindal, Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the said orders, the appellant is before us. 3. The Ld. Counsel for the appellant submits that till 02.05.2005, the appellant was not availing the exemption under Notification No. 50/2003 ibid; therefore, from the period prior to 03.05.2005, the appellant is entitled to avail the Cenvat credit. 4. With regard to post 02.05.2005, it is the contention of the Ld. Counsel that they have intimated to the Department about availment of the Cenvat credit on capital goods; therefore, the show cause notices issued to the appellant are barred by limitation as the show cause notices have been issued on 04.05.2006 and 12.11.2008 for the period April, 2005 to March, 2006 and April, 2006 to April, 2007 respectively. 5. On the other hand, the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise exemption and would be subjected to duty. Thus, during the life time of the said capital goods, they would be used for the manufacture of both dutiable as well as exempted goods. In view of the said situation, ACC-Gagan-I shall avail and utilize the credit involved in the capital goods used for the manufacture of the expanded capacity of cement, since restrictions contained in Rule 6(4) do not apply in the present case. In any case, credit would be availed and utilized as usual as per law, for other capital goods procured for the manufacture of both dutiable and exempted goods. On going through the said declaration, we find that the said declaration does not say that the appellant has intimated to the Department that they are avai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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