9911796707
TMI Blog2013 (7) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... have no nexus with the manufacturing activities – Decided against the assessee. Limitation - Appellant was making entries of the credit availed by them in their statutory records and filing proper returns also – Held that:- Appellants cannot be charged with any malafide for entertaining a view that he was entitled to input services credit, which was duly reflected in the statutory records – De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the appellant have sold the said cooler / refrigerator to their dealers, service and maintenance of the same has no nexus with their business / manufacturing activities. The said show cause notice was adjudicated by the original adjudicating authority wherein he went into the detailed factual position and came to a finding that coolers/ refrigerators are not sold by the assessee to their buyer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also imposed penalty of Rs.10,000/in terms of provisions of Rule 15(3). 3. After hearing both sides, I find that the appeal can be disposed of on the point of limitation itself. Admittedly, the entire demand is barred by limitation. It is not disputed by Commissioner (Appeals) that the availment of credit was duly reflected by the appellant in their statutory records maintained during the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that there could be two different views on the disputed issue. If that be so, the appellants cannot be charged with any malafide for entertaining a view that he was entitled to input services credit, which was duly reflected in the statutory records. 5. In view of the above, I set aside the impugned order on the point of limitation. The appeal is accordingly, allowed with consequential relief ..... X X X X Extracts X X X X X X X X Extracts X X X X
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