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TMI Blog2011 (10) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... s Revenue neutral exercise - no reason for appellants to resort to suppression of facts or mis-declaration - Suo Moto credit/debit rectify the arithmetic mistake is permissible - show cause notice is issued beyond one year,the impugned order is not sustainable - decided in favour of assesse - E/1152 of 2010 - - - Dated:- 4-10-2011 - Mr. B.S.V. Murthy, J. Represented by: Shri Hardik ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agent, vide entry No. 1162 dated 30.10.2005. Show cause notice was issued to the appellant on the ground that crediting the cenvat credit account on 30.10.2005 on the ground that service tax was not due by the appellant, was not correct and they should have filed the refund claim under Section 11B of the Central Excise Act, 1944. The show cause notice was issued on 27.5.2008, which culminated into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been questioned or held as incorrect by the Revenue. Therefore, the exercise of payment of service tax and availment of credit is Revenue neutral exercise. When it is Revenue a neutral exercise, there ca not be any reason for appellants to resort to suppression of facts or mis-declaration, since what ever amount paid by them was available to them as credit. In fact, in this case if the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Suo Moto credit/debit rectify the arithmetic mistake is permissible and in view of the fact that what ever amount was paid was available as credit, the situation was Revenue neutral. Even before debit/credit transaction in two cenvat credit accounts, the situation is clearly Revenue neutral. In this situation, the extended period for demanding the reversal of cenvat credit could not have been inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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