9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (10) TMI 665 - AT - Central ExciseRecovery of interest - extended period of Limitation u/s 11A Whether the limitation period prescribed under Section 11A is applicable for recovery of interest on wrongly taken cenvat credit or not - Held that - In HINDUSTAN INSECTICIDES LTD. Versus COMMR. OF C. EX. & SERVICE TAX (LTU) 2013 (3) TMI 456 - CESTAT NEW DELHI it was held that, limitation period as prescribed in Section 11A would be applicable for recovery of interest also - recovery of interest on duty is subject to limitation period prescribed under Section 11-A - Prima facie the appellant have prima facie case on merits - imposition of penalty also does not appear to be warranted - the requirement of pre-deposit of interest demand and penalty is waived for hearing of the appeal and recovery stayed till the disposal of the appeal - Stay granted.
Issues:
1. Maintenance of cenvat credit accounts during transition from Tally System to ERP System. 2. Double availing of cenvat credit leading to demand for interest and penalty. 3. Applicability of limitation period for recovery of interest on wrongly taken cenvat credit. Issue 1: Maintenance of cenvat credit accounts during transition The appellant, a manufacturer of automobile parts, transitioned from Tally System to Oracle based ERP System between April 2010 and July 2010. During this transition period, accounts were maintained on both systems. Due to an error, an opening balance in the new system included cenvat credit from 18 invoices not yet entered. The appellant rectified this error by reversing the excess credit in December 2010 and reported it to the Department. Subsequently, a show cause notice was issued demanding interest and penalty. Issue 2: Double availing of cenvat credit The Commissioner confirmed the interest demand on the excess cenvat credit and imposed a penalty. The appellant argued that the demand for interest was time-barred as the show cause notice was issued after one year from the relevant date. The appellant cited a judgment of the Delhi High Court stating that the demand for interest is subject to the limitation period prescribed in Section 11A. The appellant contended that the requirement of pre-deposit of interest and penalty should be waived for the appeal. Issue 3: Applicability of limitation period for recovery of interest The Tribunal analyzed the question of whether the limitation period under Section 11A is applicable for the recovery of interest on wrongly taken cenvat credit. Referring to judgments of the Delhi High Court and the Bombay Bench of the Tribunal, the Tribunal held that the limitation period under Section 11A applies to the recovery of interest on duty. The Tribunal found that the appellant had a prima facie case on merits and waived the pre-deposit requirement for interest demand and penalty. The recovery of interest and penalty was stayed until the appeal's disposal. In conclusion, the Tribunal allowed the stay application, considering the appellant's transition challenges and the application of the limitation period for interest recovery. The judgment emphasized the importance of maintaining accurate accounts during system transitions and upheld the appellant's argument regarding the limitation period for interest demand.
|
