2005 (9) TMI 520 - AT - Central Excise

Summary

Issues:
1. Availment of credit of duty on goods received before specific dates.
2. Time-barred show cause notice for duty demanded.

Analysis:

Availment of credit of duty on goods received before specific dates:
The appeal was against the Commissioner (Appeals) order confirming the duty amount and reducing the penalty due to the appellants utilizing a non-available credit amount in their RG 23A Part II account. The learned Advocate argued that the credit was correctly availed and utilized, supported by the J.K. Industries Ltd. v. CCE, Indore case. The Advocate highlighted that the goods were received before the specific dates mentioned, justifying the credit availed. The Tribunal found that the appellants received the inputs before the respective fortnights, making them eligible for the duty credit. Despite the appellants mistakenly taking credit after the specific dates, their regular filing of monthly returns and providing extracts of RG 23A Part II to the authorities supported their case. Consequently, the Tribunal set aside the Commissioner's order, allowing the appeal with any consequential relief.

Time-barred show cause notice for duty demanded:
The learned DR contended that the credit availed on certain dates indicated a lack of credit balance before those dates, supporting the Commissioner's order. Additionally, the DR argued that the appellants' debiting of the amount in RG 23A Part II was a suppression of facts, justifying the time-bar issue. However, the Tribunal found that the show cause notice received by the appellants was time-barred since the duty was demanded for periods in November 2000 and June 2002, making the demand unsustainable. The Tribunal upheld the appellants' argument regarding the time-bar issue, further supporting the decision to set aside the impugned order and allow the appeal.