9911796707
TMI Blog2017 (1) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... ected against the Order-in-Appeal dated 15.11.2011. 2. The facts of the case are that the appellant manufactures sponge iron chargeable to central excise duty. They avail Cenvat credit of excise duty paid on inputs and capital goods as per the provisions of Cenvat Credit Rules, 2004. During the period from March 2008 to June 2009 the appellant availed Cenvat credit of Rs. 40,73,691/- in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst which this appeal has been filed. 3. In the above background, we have heard Shri Abhas Mishra, ld. Advocate for the appellant as well as Shri Dharam Singh, ld. DR for the Respondent. 4. The ld. Advocate relied upon several judgements and submitted that the issue has been decided in their favour and hence the order in appeal may be set aside. 5. Ld. DR, on the other hand, support the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "4. At this stage, after hearing both the sides, we find that the Tribunal in the Larger Bench decision in the case of Vandana Global Ltd. reported in 2010 (253) ELT 440 (Tribunal-LB) laid down that even if the iron and steel articles were used as supporting structurals, they would not be eligible as modvatable items inasmuch as the amendment which came into force on 7.7.2009 was only a clarificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand to be barred by limitation. Admittedly, the show cause notice stands issued on 12.01.2007, for the period April, 2005 to October, 2005. The lower Authorities have invoked the extended period only on the sole ground that the appellant was aware of the fact that the credit is not admissible and still, they took the credit. We find no appreciable reasons for observing so. Admittedly, the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if during the relevant period, the decisions of the higher authorities are in favour of the assessee and the law was reversed only subsequently, by a Larger Bench or by any other decision, no malafide can be attributed to the assessee and longer limitation period would not be available to the Revenue". 7. In view of the above, the issue is no longer res integra and stands decided in favour of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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