2015 (10) TMI 2337 - AT - Central Excise

Benefit of input tax credit - Invocation of extended period of limitation - Held that - Commissioner (Appeals) found that there was no any act of fraud, collusion or suppression of facts to invoke extended period. He has found no malafide conduct of the assessee availing the benefit of input tax credit for the relevant period April 2005 to March 2006. Appellant explained this fact while filing their return on 16.11.2006 to the jurisdictional authority. Nothing is apparent from record to show that there was deliberate contravention of any of the provisions of the law. Therefore, learned Commissioner (Appeals) held that adjudication is barred by limitation. - No infirmity in impugned order - Decided against Revenue.

Summary

The Appellate Tribunal CESTAT Chennai dismissed the Revenue appeal as the Commissioner (Appeals) found no fraud or suppression of facts by the assessee in availing input tax credit for the period April 2005 to March 2006. The adjudication was held to be barred by limitation based on the facts of the case and following relevant legal precedents.