2020 (10) TMI 55 - AT - Central Excise

Time Limitation - CENVAT Credit - credit denied on the premise as per Notification No. 02/14-CE (N.T) dt. 20.01.2014, the appellant was not entitled to avail credit prior to the Notification No. 02/14 (N.T) dt. 20.01.2014 in terms of Notification No. 01/10-CE dt. 6.02.2010 - HELD THAT - There is no provision in law for the appellant to file invoices before the department in time. In that circumstances, as the assessee was allowed credit by the adjudicating authority although the revenue has filed appeal against those orders before the Commissioner (Appeals). In that circumstances, when the adjudicating authorities are having a divergent views, the extended period of limitation is not invokable in the facts and circumstances of this case. Admittedly, in the case in hand, the show cause notice has been issued by invoking extended period of limitation, therefore, the denial of credit is barred by limitation - Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Denial of credit to the appellant based on Notification No. 02/14-CE (N.T) dt. 20.01.2014.
- Applicability of Notification No. 01/10-CE dated 6.2.2010 to the appellant.
- Time limitation for issuing the show cause notice.
- Requirement of producing invoices before the department.
- Invocation of extended period of limitation.
- Adjudicating authority's decision on allowing credit.
- Divergent views among adjudicating authorities.
- Precedents set by previous Tribunal cases.

Analysis:

1. Denial of Credit based on Notification No. 02/14-CE (N.T) dt. 20.01.2014:
The appellant contested the denial of credit based on this notification, which restricted their entitlement to avail credit before a certain date. The issue revolved around the interpretation and application of this notification in the context of the appellant's case.

2. Applicability of Notification No. 01/10-CE dated 6.2.2010:
The appellant, located in Jammu & Kashmir, was availing the benefit of exemption under this notification. The dispute arose regarding the period during which the appellant could claim cenvat credit against inputs procured by units enjoying exemption under the said notification.

3. Time Limitation for Issuing Show Cause Notice:
The appellant argued that the show cause notice issued after a significant period from the relevant time was time-barred. Citing precedents, the appellant contended that the extended period of limitation should not have been invoked in this case.

4. Requirement of Producing Invoices:
The department raised concerns about the appellant not producing invoices and verifying whether suppliers had availed the notification's benefit. This raised questions about the appellant's compliance and the department's basis for invoking the extended period of limitation.

5. Invocation of Extended Period of Limitation:
The department justified invoking the extended period of limitation based on the appellant's lack of invoice submission and verification. However, the Tribunal found that there was no legal provision obligating the appellant to submit invoices within a specific timeframe.

6. Adjudicating Authority's Decision on Allowing Credit:
The Tribunal considered the divergent views of the adjudicating authorities and held that the denial of credit was barred by limitation in the absence of a clear consensus. Precedents from previous Tribunal cases were cited to support this decision.

7. Precedents Set by Previous Tribunal Cases:
The Tribunal referred to cases like Dharampal Satyapal Limited and Saraswati Agro Chemicals (India) Pvt. Ltd. to support its findings on limitation and credit entitlement. These cases provided guidance on similar issues and influenced the Tribunal's decision in favor of the appellant.

In conclusion, the Tribunal set aside the impugned order, ruling in favor of the appellant due to the limitation constraints and lack of clarity in the application of notifications and credit entitlement during the relevant period.