2017 (5) TMI 333 - AT - Central Excise

Time limitation - suo-moto re-credit taken by assessee - capital goods - N/N. 214/86 - Held that - appellant have declared their suo moto recredit in their ER1 return and in the Cenvat account and also disclosed the fact before jurisdictional Asstt. Commissioner. The fact of suo moto re-credit was very much in the knowledge of the department. The show cause notice was issued after normal period of one year i.e. on 26-2-2008. As per the facts elaborated above there is no suppression of facts for taking suo moto credit by the appellant, hence demand is clearly time bar - appeal allowed - decided in favor of assessee.

Summary

Issues:
1. Admissibility of Cenvat credit on capital goods used for job work
2. Rejection of refund claim for interest under Section 11B
3. Disallowance of Cenvat credit re-credited on capital goods
4. Time bar for demand due to suo moto re-credit declaration

Admissibility of Cenvat credit on capital goods used for job work:
The appellant initially reversed the Cenvat credit on capital goods used for job work, believing it was inadmissible. However, they later realized that judgments held job work under Notification 214/86 as exempted goods, making the credit admissible. The appellant's suo moto re-credit was based on legal correctness, supported by various judgments. The appellant argued that the capital goods were not exclusively used for manufacturing exempted goods, making the credit valid.

Rejection of refund claim for interest under Section 11B:
The appellant filed a refund claim for interest paid in cash, which was rejected by the Asst. Commissioner. The rejection was based on the premise that there was no provision in law to take suo moto re-credit on an amount debited in the Cenvat account. The department issued a show cause notice proposing disallowance of the Cenvat credit re-credited on capital goods, leading to the rejection of the refund claim.

Disallowance of Cenvat credit re-credited on capital goods:
The department proposed disallowance of the Cenvat credit re-credited on capital goods, arguing that there was no provision in law to take suo moto re-credit on a debited amount. The adjudicating authority confirmed the demand, which was upheld by the Commissioner (Appeals). The appellant contended that the suo moto re-credit was legal, as it was declared in their Cenvat account and ER1 return, with no suppression of facts.

Time bar for demand due to suo moto re-credit declaration:
The appellant's declaration of suo moto re-credit in their ER1 return and Cenvat account was known to the department. The department issued a show cause notice after the normal one-year period, leading to the argument that there was no suppression of facts by the appellant. The Tribunal held that the demand was time-barred, setting aside the impugned order and allowing the appeal based on limitation alone.

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