9911796707
TMI Blog2018 (6) TMI 305X X X X Extracts X X X X X X X X Extracts X X X X ..... d capital goods which was sought to be denied to them by the authorities. During the pendency of proceeding, appellant-assessee herein reversed CENVAT Credit which according to them were ineligible along with interest. Show-cause notice was issued for reversal of such CENVAT Credit availed along with interest and for imposition of penalties. The show-cause notice was contested on merits as well as on limitation; appellant-assessee had conceded the demand raised on CENVAT Credit on capital goods and inputs for an amount of Rs. 33,46,191/- and Rs. 1,04,428/- for the period May 2007 to December, 2008. The said demands were reversed by the appellant in December, 2008, January 2009, March 09 and the contest was only for interest liability and pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng authority which has been upheld by first appellate authority, in the facts and circumstances of this case seems to be correct and the impugned order to that extent is upheld. 4.1 In the case of demand of Rs. 33,46,191/- in respect of interest on the said amount for availing CENVAT Credit which was reversed by the assessee-appellant in December 2008 and by a letter dated 28.01.2009 was intimated to the authorities. Despite such letter of 28.01.2009, for demand of CENVAT Credit of Rs. 33,46,191/- raised by show-cause notice dated 11.04.2012. I agree with the contention of learned C.A. that if assessee-appellant have contested the reversal of Rs. 33,46,191/- on limitation, they would have succeeded. I find that the argument on limita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concrete mixer etc. are eligible inputs for availment of CENVAT Credit. On these findings, I set aside the demand of an amount of Rs. 3,04,642/-. Consequently, the interest liability and penalty imposed is also set aside. 4.3 As regard reversal of CENVAT Credit on GTA services for an amount of Rs. 2,71,889/- availed during the period June 2008 to March 2009, I find that the issue needs reconsideration by the adjudicating authority as it is the claim of the appellant-assessee before Tribunal as was also before the lower authorities that the said services were utilized for "inward presentation of raw materials". I find that both the lower authorities have not considered this submission and confirmed the demands without any reasoning o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
