2011 (9) TMI 897

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..... ule 14 read with proviso to Section 11A as irregular credit availed by it - Tribunal held that demand barred by limitation - Held that:- departmental authorities are fully aware of the activities undertaken by the assessee during the material period. It had periodically filed returns relating to receipt of inputs and availment of Cenvat credit. It had also filed periodical returns showing payment .....

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..... rashekar Reddy, Advocate, for the Appellant. M/s. Vinayaka Associates, Advocate, for the Respondent. JUDGMENT [Judgment per : N. Kumar, J.]. - The Revenue has preferred this appeal challenging the order passed by the Tribunal [2010 (255) E.L.T. 261 (Tri. - Bang.)] holding that the demand of Cenvat credit wrongly utilized is barred by time. 2. Section 11A provides for recovery of .....

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..... e assessee during the material period. It had periodically filed returns relating to receipt of inputs and availment of Cenvat credit. It had also filed periodical returns showing payment of excise duty on its final products. Authorities never raised objection to the assessee taking and utilizing Cenvat credit during the material period for payment of duty on its final products as reflected in the .....

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