9911796707
TMI Blog2017 (5) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... - on molasses which was supplied to them by M/s. Imcola Exports Ltd. (Imcola, for short) who had procured the goods for exporting under bond. As Imcola could not export the same, they obtained permission from the proper office to clear the goods in open market on payment appropriate Central Excise duty. The duty was thus paid in accordance with the instructions of the proper officer and the goods were cleared to the appellant. The appellant availed credit on the document which is and invoice issued by Imcola and a copy of the challan (GAR-&) avidencing the payment of duty to Imcola. It is also supported by a delivery challan issued by the transporter (M/s. MVR Transporters, Kovvur). The Department objected to the credit availed holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said month. Along with ER1 returns, the appellant had also filed RG23A Part-II in which, appellant had clearly mentioned that "credit taken on molasses obtained from M/s. Imcola Exports Ltd., Vizag as permission given". The show-cause notice has been issued on 27/04/2011 invoking extended period of limitation alleging suppression of facts with intent to evade payment of duty. The appellant has disclosed the amount of credit availed and the document on which credit was availed in their accounts and ER1 returns and that there is no evidence to attribute suppression. The show-cause notice is therefore time barred. When the payment of Central Excise duty and the utilisation of the input is not disputed, the credit may not be denied on techni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied alleging that the documents on which credit is availed is not proper. Rule 9 of CENVAT Credit Rules, 2004 prescribes the documents on which credit can be availed. In many judgments, it has been analysed that the purposed of this Rule is for verification whether duty is paid. It also gives a uniformity to the documents on which credit can be availed. While specifying the documents, it will not be possible for the legislature to envisage all types of transactions in which the duty is paid and credit is to be aviled be an assessee. Thus in the case of CCE, Goa Vs. Essel Propack [2015(39) STR 363 (Bom.)]. The Hon'ble High court held that the credit availed on TR-6 challan is admissible. CCE, Chandigarh Vs. Varinder Agro Chemicals Ltd. [2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the learned counsel for appellant, the appellant has disclosed the credit availed in the ER1 returns. They have also mentioned the nature of credit availed in the documents furnished along with ER-1 returns. Though the credit is availed in the month of September, 2007, the show-cause notice was issued invoking extended period in 2011. The appellant having availed credit on the duty paid and also having disclosed the nature of the credit availed in the ER1 returns, they cannot be saddled with suppression of facts with intent to evade payment of duty. Therefore the appellants succeed on the ground of limitation also. 7. From the foregoing discussions, I hold that since there is no dispute with regard to duty paid on the inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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