2011 (2) TMI 1010

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..... entral Excise Rules which deals in respect of credit wrongly availed or utilized, extended period of limitation is applicable where the credit has been taken on account of willful misstatement, commission or suppression of facts. In the present case as Appellants were filing regularly the monthly returns along with duty paying documents which were duly defaced and there is no dispute in this regar .....

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..... demand of duty after denying the credit by invoking extended period of limitation on the ground of suppression with intent to evade payment of duty. The adjudicating authority confirmed the demand and imposed penalty. Commissioner(Appeals) dismissed the Appeal filed by the Appellants. 4. Appellants argued on merits as well as on time bar. Contention of Appellants is that the credit was availe .....

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..... nts filed monthly returns regularly along with duty paying documents which were duly defaced therefore allegation of suppression with intent to evade payment of duty is not sustainable. Hence the demand is time barred. 5. The contention of Revenue is that Appellants were working under the MODVAT scheme and are aware of the provisions of the Central Excise Rules and they had wrongly taken the cr .....

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