2016 (12) TMI 1318

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..... time of audit as well as in response to further query being made and the categorical stand taken as early as in December, 2005, the whole demand is barred by limitation, and extended period of limitation is not invokable under the facts and circumstances - Appeal allowed - decided in favor of the assessee. - Appeal No. E/1826/2010 EX[SM] - Final Order No. A/70682/2016-EX(DB) - Dated:- 11-8-2016 - .....

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..... 04-2008. He further points out from the SCN that pursuant to audit of Books of Accounts of the appellant by the Revenue Officers conducted in January, 2005, and further correspondence being letter dated 19-04-2005, issued by Superintendent objecting to the inadmissible Cenvat credit as pointed out by audit. The appellant had replied that they have taken Cenvat credit as admissible on capital goods .....

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..... of Rule 3 of CCR, 2002/04. 4. In view of the admitted facts, all the transactions were duly recorded in the Books of Accounts already maintained and the appellant having cooperated with the Revenue both at the time of audit as well as in response to further query being made and the categorical stand taken as early as in December, 2005, the whole demand is barred by limitation, and extended per .....

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