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TMI Blog2015 (10) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... VAT credit is clearly barred by limitation and is not sustainable and the penalty is also not imposable. - impugned order is set-aside - Decided against Revenue. - Appeal No. E/1643/2008, E/1480/2008 - - - Dated:- 30-12-2014 - P. K. Das, Member (J),J. For the Appellants : Shri P M Dave Shri Paritosh Gupta, Advs For the Respondent : Shri Anil Gidwani, AR ORDER Per: P K Das: The relevant facts of the case, in brief, are that the assessee is engaged in the processing of Man Made fabrics from grey fabrics. From 01.4.2003, Rule 12B was inserted in Central Excise Rules, 2002 and the merchant supplier of the grey fabrics as the primary person who is required to take registration but also gave option to the Job worker to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the learned Advocate is that the demand of CENVAT credit for the for the extended period of limitation would not sustain in view of the decision of the Hon'ble Gujarat High Court in the case of Prayagraj Dyeing Printing Mills Pvt. Limited vs. UOI - 2013 (290) ELT 61 (Guj.). 3. There is no dispute to the fact that the assessee availed the credit on the basis of invoices issued by certain suppliers of grey fabrics. They are eligible to avail credit on the basis of said invoices as per Rule 7 of Cenvat Credit Rules, as it stood at the relevant period. Commissioner (Appeals) observed that the evidences are not sufficient to conclude that the appellant are party to fraud. I find that the identical issue stands decided by the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and fake, as declared in respective Alert Circulars issued after cessation of the scheme. The demand was made invoking extended period under proviso to Section 11A (1) of the Act. 4. The Hon'ble High Court observed that on consideration of the entire materials on record, documents and invoices in question, issued by the registered licensee being genuine and in the absence of any allegations against the appellants of fraud, the Tribunal should not have remanded the matter back as the claim was totally barred by limitation. 5. In the present case, it is noticed that Commissioner (Appeals) has clearly observed that the assessee is not part to the fraud committed by the grey fabric suppliers. In this case also the grey fabric suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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