TMI Blog2019 (1) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... limitation is not invocable - penalty also set aside - appeal allowed - decided in favor of appellant. - Appeal No. E/53187/2018-SMC - A/53503/2018-SM[BR] - Dated:- 11-12-2018 - Shri Anil Choudhary, Member (Judicial) Shri Prabhat Kumar, Advocate for the Appellant Shri P.R. Gupta S. Nunthutk, AR for the Respondent ORDER Per Anil Choudhary: 1. Heard the parties. The issue in this appeal is whether the show cause notice has been rightly issued invoking the extended period of limitation. 2. The facts in brief are that the appellant is a manufacturer of sponge iron. During the course of audit for the period February, 2014 to March, 2015 it was noticed that appellant have wrongly taken Cenvat Credit of input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible to them. The Noticee are working under Self Removal Procedure and they are clearing their goods on self-assessment basis without physical verification or valuation by the Central Excise Officers and therefore, it is the prime responsibility of the Noticee to take all precautions to avoid such lapses, wrong/excess availment of Cenvat Credit, breach of any of the Rule/Section of the Central Excise Act/Rules etc. In spite of the same they had taken inadmissible Cenvat Credit. Further, it appeared that the Noticee had done the said act with intent to evade payment of Central Excise Duty liveable on final products cleared by them by way of utilizing such inadmissible Cenvat Credit. Since the notice have suppressed the material facts f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd and also upheld the invoking of extended period of limitation. However, as the appellant had maintained proper records of such credit taken in their books of account, was pleased to reduce the penalty to 50%. 6. Being aggrieved the appellant is before this Tribunal. 7. Heard the parties. 8. Having considered the rival contentions I hold that the transaction was duly recorded in the books of accounts of the appellant. Secondly a major part of the credit relates to repair and maintenance which is definitely admissible as cenvat credit and is not excludible under the exclusion clause Rule 2(l) for the purpose of civil construction. Further from the allegations in the show cause notice it is evident that the appellant had maintained ..... X X X X Extracts X X X X X X X X Extracts X X X X
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