2012 (8) TMI 1107 - AT - Central Excise

Summary

Issues involved: Admissibility of Cenvat Credit on capital goods, time-barred adjudication.

Admissibility of Cenvat Credit on capital goods: The majority of demand touching the question of admissibility of Cenvat Credit on capital goods was considered by the Tribunal. The learned Counsel argued that the demand should not sustain as the adjudication is time-barred, which applies to both major and minor demands. The case pertains to the claim of Cenvat Credit on various items such as M.S. Angles, M.S. Bars, Flats, M.S. Shapes, and Section and Rails. Referring to recent legal developments, the Tribunal noted that many appeals have been remanded to grant a fair opportunity to assessees to present their defense in light of specific judgments, including those of Vandana Global Ltd. vs. CCE, Raipur and CCE, Jaipur vs. Rajasthan Spg. & Wvg. Mills Ltd.

Remand for re-adjudication: Considering the above legal precedents, the Tribunal decided that the present assessee should also benefit from a re-adjudication in line with the decisions mentioned. The Revenue agreed to this proposal, and the matter was remanded for a fresh adjudication, ensuring a fair opportunity for hearing on both merit and the time-bar aspect based on the legal principles established in the aforementioned judgments.

Effect on Revenue's appeal: As the assessee's appeal was remanded, the Revenue's appeal was also sent back to the original authority for a fresh decision. This was deemed necessary since the basis of the original decision was affected by the order to re-adjudicate the assessee's case in light of the relevant legal rulings.