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2013 (11) TMI 293 - AT - Central ExciseCENVAT Credit Bar of Limitation Waiver of Pre-deposit Held that - Appellant availed cenvat credit on goods not falling under the category of capital goods - Following Vandana Global Ltd. Versus CCE 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) - The appellant has been informing the Revenue Authorities by way of filing returns and availing the cenvat credit when there were two streams of judgments which indicated contrary, a case has been made out by the appellant for the waiver of the pre-deposit of the amounts only on the ground of limitation - The application for waiver of pre-deposit of the amounts allowed and recovery stayed till the disposal of appeal Stay granted.
Issues: Stay petition for waiver of pre-deposit of ineligible cenvat credit, interest, and penalty due to availing credit on items not falling under capital goods category.
In this judgment by the Appellate Tribunal CESTAT AHMEDABAD, the issue at hand was a stay petition filed for the waiver of pre-deposit of Rs.3,79,020 confirmed as ineligible cenvat credit, interest, and penalty. The appellant had availed cenvat credit on items like MS Plates and angles, which were argued not to fall under the category of capital goods. The main contention raised was that the show cause notice issued covered a period from 2005-06 to 2009-10, during which the appellant had consistently filed returns with the authorities. The appellant's counsel highlighted that the items in question were used for repairs, maintenance, and fabrication of machinery. The counsel also referred to conflicting views expressed by different Tribunal Benches before a specific decision in 2010. The Tribunal acknowledged that the appellant had been informing the Revenue Authorities through return filings and availing cenvat credit during a period when conflicting judgments existed. Considering this, the Tribunal found merit in the appellant's argument for waiver of pre-deposit solely on the grounds of limitation. Consequently, the application for waiver of pre-deposit was allowed, and recovery was stayed pending the appeal's disposal. The judgment was delivered by Mr. M.V. Ravindran of the Appellate Tribunal CESTAT AHMEDABAD.
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