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TMI Blog2014 (5) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... cise Act, 1944 readwith Rule 15(2) of the Cenvat Credit Rules, 2004 in the present case is not invokable as there was no intention of the assessee to evade payment of duty - Held that:- when the assessee cleared inputs on which cenvat credit had been availed of, it was required to reverse the credit equal to the duty of excise on the assessable value as determined by the original manufacturer at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax Appellate Tribunal dated 23 September 2013. The revenue has framed four questions of law. The first is comprehensive enough to cover the controversy in appeal and is particularly pressed: Whether on the facts and in the circumstance of the case the CESTAT, New Delhi was justified in law in holding that the extended period of limitation under proviso to Section 11A(1) of the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 7. In the present case, the assessee is a manufacturer of television sets. The assessee had purchased components of television sets on which cenvat credit had been availed of. These, however, were not used in the manufacture of final products for the reason that the model for which the components were to be used had become obsolete. A show cause notice dated 28 April 2004 was issued to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion should not be invoked. In this regard, the reasoning of the Tribunal is that until the issue was settled by the larger Bench in its decision in Eicher Tractor (supra), there were conflicting judgements of the Tribunal as a result of which the extended period of limitation could not be invoked. In holding so, the Tribunal has relied on a decision of the Supreme Court in Continental Foundation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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