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TMI Blog2024 (3) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the manufacture of steel products and the appellants cleared the finished goods on the payment of appropriate duty and availed cenvat credit of the duty paid on inputs and capital goods and service tax paid on various input services. 2.1 During the course of audit for the period 2008-09, which was conducted during the period from 15.11.2009 to 03.12.2009, the Revenue observed that the appellant has availed irregular cenvat credit as well as failed to pay the duty on certain goods on certain instances. Therefore, a Memo was issued to the appellant on 07.01.2010 wherein the appellant was liable to reverse irregular cenvat credit and also required to pay short duty. 2.2 Thereafter, a show-cause notice came to be issued to the appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order and submitted that although the appellant paid the duty by issuance of supplementary invoices, but at that time, they were to pay the interest, which they failed to do so. In that circumstances, the extended period of limitation is not rightly invoked. 5. Heard both the parties and considered the submissions. 6. We find that the issue is whether the appellant is liable to pay the interest on supplementary invoices by invoking extended period of limitation or not ? The said issue has been dealt by this Tribunal in the case of Commissioner Vs. T.V.S.Whirpool Limited reported in 2000 (119) ELT A177 (S.C.) wherein it has been held that it is only a reasonable time that the period of limitation that applies to a claim for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Act were considered. This being a distinguishing feature, we feel that the appellant is entitled to succeed in the present appeals. The question of law is accordingly answered in affirmative, i.e., in favour of the appellant and against the respondent-Revenue." 7. Therefore, we hold that the extended period of limitation is not invokable for the facts and circumstances of the case as the appellant has paid the duty on the supplementary invoices during the period 2008-09 and the same shown in their records and audit was also conducted during the period from 15.11.2009 to 03.12.2009. 8. In that circumstances, the extended period of limitation is not invokable. Consequently , the demand of interest on supplementary invoices is barred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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