9911796707
TMI Blog2015 (10) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant has reversed the Cenvat credit of SAD, which has ultimately taken up by the buyer in that case, consequent to this order, the appellant will not avail cenvat credit again in SAD in their Cenvat Credit Account - Decided partly against assessee. - E/847/2010-EX(DB) - - - Dated:- 27-7-2015 - Ashok Jindal, Member (J) And B. Ravichandran, Member (T), JJ. For the Petitioner : Shri B L Narsimhan, Adv For the Respondent : Shri Pramod Kumar, Joint CDR ORDER Per Ashok Jindal The appellant M/s. L.G. Electronics Pvt. Ltd. are engaged in the manufacture of colour television sets (CTVs). They import various electronic components for the purpose. On import of these inputs, the appellants pay duties of customs including C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod, the appellants happened to remove the components without paying SAD at the rate of 4% adv. paid on import and availed as credit. On the Department pointing out the mistake in September, 2006, the assessee made good the short payment. The show cause notice basic to the proceedings was issued on 27.08.2008. The appellants submitted that the credit of SAD relatable to electronic components removed during the material period was never utilized and they always had credit in excess of ₹ 5,44,82,338/- in their CENVAT account during the material period. This showed that the appellants did not have the intention to avail CENVAT credit wrongly. Therefore, the demand of interest and imposition of penalty were not justified. 3. Ld. Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay duty on PCBs; the duty paid on PCBs was available to appellants as credit. Therefore, we find that the appellants had not short reversed the impugned credit with an intention to evade payment of appropriate duty on CT Vs. Therefore, demand of duty invoking longer period would be barred by limitation. In such a case demand of interest and penalty would not be sustainable. 8. The said order has been affirmed by the Hon'ble Bombay Apex Court (supra). In these circumstances, we hold that the demand in this case is also barred by limitation. Further, as the appellant were having sufficient balance in their Cenvat Credit Account, the demand of interest is also not sustainable. Further, as the show cause notice was also issued by i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
