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TMI Blog2017 (4) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer to issue notice to the assessee. However, sub-section (4) provides that when there is fraud; collusion; any wilful misstatement; suppression of fact and contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, the period of limitation will be five years. The assessee has not withheld any fact; the assessee has not misstated a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gupta, CJ]. - This appeal is directed against the orders of the Customs, Excise and Service Tax Appellate Tribunal (hereinafter called as CESTAT ) [2016 (332) E.L.T. 356 (Tribunal)] whereby the CESTAT had held that the notice issued to the assessee is beyond the period of limitation and hence has quashed the same. 2. The undisputed facts are that the assessee is a manufacturer of Portland Cem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation of one year to the Central Excise Officer to issue notice to the assessee. However, sub-section (4) provides that when there is fraud; collusion; any wilful misstatement; suppression of fact and contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, the period of limitation will be five years. 5. The CESTAT held that sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it but as pointed out by the CESTAT, there continues to be divergence of opinion with regard to the issue whether Cenvat credit can be claimed on the inputs used for setting up the factory in which goods were manufactured. Therefore, it cannot be said to be a fraudulent claim or a claim which has an aspect of dishonesty attached to it. In this view of the matter, limitation would only be one year. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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