2014 (12) TMI 1239 - AT - Central Excise

Availment of Cenvat credit on angles, beams, channels etc. as capital goods - Held that - The show cause notice is issued in the month of October, 2011, demanding to recover Cenvat credit which was lastly taken on 31-8-2009, is definitely time barred as it is undisputed that the appellant has been filing the regular returns with the authorities and were availing the Cenvat credit on the angles, beams, channels etc. There is also no dispute as to the duty paid nature of the goods. Ld. Counsel was correct in bringing to our notice that the judgment of Hon ble High Court of Gujarat in the case of N.R. Agarwal Industries (2014 (5) TMI 603 - GUJARAT HIGH COURT) squarely covers the issue in favour of the appellant.

Summary

Issues involved:
- Availment of Cenvat credit on angles, beams, channels as capital goods.
- Limitation period for recovery of Cenvat credit.
- Application of the judgment in the case of N.R. Agarwal Industries.

Analysis:

1. Availment of Cenvat credit on angles, beams, channels as capital goods:
The appellant contended that the show cause notice issued in October 2011, demanding the recovery of Cenvat credit last taken on 31-8-2009, was time-barred. The appellant had been regularly filing returns and informing the authorities about availing Cenvat credit on such goods. The Tribunal noted that there was no dispute regarding the duty paid nature of the goods. The appellant's counsel cited the case of N.R. Agarwal Industries, where the High Court upheld the Tribunal's decision in favor of the assessee on a similar issue of limitation. Consequently, the Tribunal found in favor of the appellant on this issue.

2. Limitation period for recovery of Cenvat credit:
The Tribunal observed that the show cause notice issued in October 2011, seeking to recover Cenvat credit last availed on 31-8-2009, was beyond the one-year limitation period. The appellant had been complying with filing returns and disclosing the availed Cenvat credit on angles, beams, channels, etc. Given the facts presented, the Tribunal deemed the notice as time-barred, leading to the decision in favor of the appellant.

3. Application of the judgment in the case of N.R. Agarwal Industries:
The Tribunal acknowledged the relevance of the judgment in the case of N.R. Agarwal Industries, where the High Court of Gujarat had ruled in favor of the assessee on a similar issue related to the limitation period for availing Cenvat credit. By following the precedent set by the High Court, the Tribunal found the impugned order unsustainable and set it aside, ultimately allowing the appeal with any consequential relief deemed necessary.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT AHMEDABAD highlights the key issues raised, the arguments presented, and the Tribunal's decision based on the facts and legal precedents cited during the proceedings.