1999 (4) TMI 260 - AT - Central Excise

Summary

The appellate tribunal found that the assessees wrongly took modvat credit on Copper scrap during July 1988 to June 1989. The show cause notice seeking reversal of the credit was issued in November 1992. The tribunal ruled in favor of the appellants on the aspect of limitation, stating that the department had prior knowledge of the wrong credit being taken, making the show cause notice invalid due to the delay of nearly 3 years. The appeal was allowed based on this limitation issue.