2021 (7) TMI 131 - AT - Central Excise

Extended period of Limitation - period involved in this case is May 2012 to January 2014 whereas the show cause notice has been issued on 02.06.2017 - CENVAT Credit - credit has been denied to them on the premise as per N/N. 02/14-CE (N.T.) dt.20.1.2014, the appellant was not entitled to credit prior to the N/N. 01/10-CE dt.6.2.2010 - HELD THAT - Similarly placed assessee was allowed the credit although against those orders, the appeals have been filed by the Revenue before the Commissioner (Appeals), in that circumstance, when the Revenue is having divergent views on the issue, the extended period of limitation is not applicable. Admittedly, in this case, the show cause notice has been issued by invoking the extended period of limitation, therefore, it is held that the denial of credit is barred by limitation. Appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
- Denial of credit based on Notification No.02/14-CE (N.T.) dt.20.1.2014
- Applicability of Notification No.01/10-CE dt.6.2.2010 to credit availed by the appellant
- Invocation of extended period of limitation for issuing show cause notice
- Divergent views of Revenue on allowing credit to similarly placed assessees

Analysis:

1. Denial of Credit based on Notification No.02/14-CE (N.T.) dt.20.1.2014:
The appellant appealed against an order denying credit to them, citing the reason that they were not entitled to credit prior to Notification No.01/10-CE dt.6.2.2010. The appellant, located in Jammu & Kashmir, had availed the benefit of exemption under this notification. The Revenue contended that during the relevant period of May 2012 to January 2014, the appellant was not entitled to credit against inputs issued by units availing exemption under Notification No.01/10-CE. However, post the introduction of Notification No.02/14-CE (N.T.) dt.20.1.2014, the appellant became eligible for credit. The Tribunal considered these arguments in light of the notifications and relevant provisions.

2. Applicability of Notification No.01/10-CE dt.6.2.2010 to Credit Availed:
The appellant's counsel argued that the show cause notice issued on 02.06.2017, invoking the extended period of limitation, was beyond the period involved in the case (May 2012 to January 2014). Citing a precedent where a similar appellant was allowed credit on inputs, the counsel contended that the appellant should also be entitled to such credit. On the other hand, the Authorized Representative for the Revenue reiterated the findings of the Commissioner (Appeals) and highlighted cases where appeals had been filed by the Revenue against similarly placed assessees.

3. Invocation of Extended Period of Limitation for Issuing Show Cause Notice:
The Tribunal, led by Mr. Ashok Jindal, examined the issue of invoking the extended period of limitation for the show cause notice. Considering the divergent views of the Revenue on allowing credit to similarly placed assessees, the Tribunal held that when the Revenue has conflicting opinions on an issue, the extended period of limitation cannot be applied. In this case, as the show cause notice was issued beyond the relevant period invoking the extended limitation, the Tribunal ruled that the denial of credit was barred by limitation.

4. Divergent Views of Revenue on Allowing Credit:
The Tribunal's decision was influenced by the fact that other similarly placed assessees had been allowed credit, leading to appeals by the Revenue before the Commissioner (Appeals). Given this contradiction in the Revenue's stance, the Tribunal concluded that the denial of credit to the appellant was unjustified. Consequently, the impugned order denying credit was set aside, and the appeal was allowed with any consequential relief deemed necessary.

In conclusion, the Tribunal's judgment in this case centered on the denial of credit based on specific notifications, the applicability of exemptions, the invocation of extended limitation for the show cause notice, and the conflicting views of the Revenue on allowing credit to assessees in similar situations.