9911796707
TMI Blog2013 (10) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... ma facie stage, availment of credit by Hero Ecotech Ltd. would be violation of those customs notification and cannot have any reflection on availment of credit by the manufacturers who has admittedly paid the duty on the final product - deposit of Rs. One crore in that case can be deemed to be a deposit out of total denied Cenvat credit – stay granted. Extended Period of Limitation – Held that:- E-bikes which are dutiable during the relevant period were specifically exempted vide notification No. 25/08 with effect from 29.4.08 - At that point of time, appellant as having credit in their credit account, for which the Revenue raised the show cause notice, seeking reversal of such credit - Revenue was aware of the availment of credit in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty. 3. The adjudicating authority has disallowed the credit on the ground that same stand availed by Hero Ecotech Ltd on the basis of endorsement on the bill of entry of Hero Exports. Further ground taken by the adjudicating authority is that duty stand paid in various schemes by debiting the scrips and as such, in terms of notification 53/03 and /90/06, the credit can be availed by the importer and not by job worker. Further, the Commissioner has observed that name of M/s. Hero Ecotech Ltd was not shown as supporting manufacturer in the license issued by DGFT. The Commissioner has also not accepted the appellants plea of limitation and has accordingly confirmed the demands against Hero Ecotech Ltd by denying the benefit of Cenvat cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se notice was issued on 12.8.10 in one of the cases. This covers the order confirming the demand of duty of Rs.4.89 crores approximately whereas the demands in other cases are well within time. We find that e-bikes which are dutiable during the relevant period were specifically exempted vide notification No. 25/08 with effect from 29.4.08. At that point of time, appellant as having credit in their credit account, for which the Revenue raised the show cause notice dated 8.5.09, seeking reversal of such credit. As such, it becomes clear that Revenue was aware of the availment of credit in respect of parts of the e-bikes as early as 08.05.09 when it issued the show cause notice for reversal of credit on the final product becoming exempted. As ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
