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TMI Blog2017 (1) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... dent Per: Anil Choudhary The present appeal is filed by Revenue against lithe Order-in-Appeal No. 155-CE/MRT-II/2010 dated 30/04/2010 passed by Commissioner of Central Excise & Customs (Appeals), Meerut-ll. The issue in this appeal is whether the Id. Commissioner (Appeals) have rightly allowed the appeal of respondent-assessee, holding that the Show Cause Notice was time barred as under the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued proposing to re over Rs. 23,03,995/- by disallowing the Cenvat credit taken on these items. It is further evident that the transaction was duly recorded in the books of accounts maintained in the ordinary course of business and there is no element of any concealment and/or suppression or contumacious conduct on the part of the respondent-assessee. In the course of statement recorded of the Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken Cenvat credit as inputs. In spite of categorical stand taken by the respondent-assessee and periodical audits in. 2007, 2008, but Show Cause Notice has been issued on 26/03/2009 which is beyond a period of 12 months. 3. The Id. Commissioner (Appeals) have observed that the Adjudicating Authority have not negated the assertions of the respondent-assessee and moreover the issue of Modvat/Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'India Cement Ltd.', have held that Cenvat credit is allowable on the items in dispute in this appeal, in case of Sugar manufacturers. Accordingly, the appeal is bad both on merits and on limitation grounds. Thus, the appeal of Revenue is dismissed. The respondent-assessee will be entitled to consequential benefits, if any, in accordance with law.
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