TMI Blog2019 (1) TMI 567X X X X Extracts X X X X X X X X Extracts X X X X ..... to be extended to the assessee - demand set aside. CENVAT Credit - capital goods - scaffoldings - Held that:- Admittedly the definition of capital goods provided under Cenvat Credit Rules excludes chapter 73 from its ambit - credit cannot be allowed. Extended period of limitation - Held that:- No mala fide suppression or mis-statement can be attributed to them so as to justifiably invoke the longer period of limitation - major part of the demand is barred by limitation. However, a part of the demand would fall within the limitation period which would be quantified by the original adjudicating authority and intimated to the assessee. Penalty - Held that:- In the absence of any findings of mala fide, the same is required to be set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating authority in his impugned order, but it seems that the benefit has not been extended to the assessee on the ground that the Notification has to be interpreted strictly and inasmuch as the same does not allow the credit to be availed, the demand was confirmed. We note that the fact that the appellant reversed the Cenvat credit along with interest does not stand disputed by the Revenue. The effect of reversal of the Cenvat credit leads to a situation as if no credit was ever availed. This stands held by the Hon ble Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. v. Collector of C. Excise, Nagpur [1996 (81) ELT 3 (SC)] as also by Hon ble Allahabad High Court in the case of Hello Mineral Water (P) Ltd. v. Union of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said decision of the Tribunal is against the appellant inasmuch as the same has held the classification of the scaffoldings under chapter 73. Admittedly the definition of capital goods provided under Cenvat Credit Rules excludes chapter 73 from its ambit. The mere fact that in the case of Cinda Engineering (supra), the scaffoldings were considered to be capital goods will not help the assessee inasmuch as the Cenvat Credit has to be considered in the light of the definition of capital goods provided under the Cenvat Credit Rules. As such we are of the view that the appellant has no case on merits. However, we note that the show cause notice was issued on 17.11.2014 for the period July 2012 to March 2014. The appellants have been availing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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