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TMI Blog2018 (12) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... ent case, there was not even any suppression on the part of the assessee inasmuch as he was disclosing the fact of availment of credit to the Revenue - the demand is barred by limitation. The demand of duty along with imposition of penalty is set aside except the part which may fall within the limitation period - appeal allowed in part. - APPEAL No. E/70549/2018-EX[SM] - A/72580/2018-SM[BR] - Dated:- 25-10-2018 - Mrs. Archana Wadhwa, Member (Judicial) Shri Rajesh Chhibber (Advocate) for Appellant Shri Pawan Kumar Singh (Supdt.) AR for Respondent ORDER Per: Archana Wadhwa The appellant is engaged in the manufacture of Thermocol Products falling under Chapter 39 and were claiming the benefit to Cenvat Credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, extended period would be applicable. Accordingly, he confirmed the demand along with confirmation of interest and imposition of penalty of identical amount. 5. Learned advocate Shri Rajesh Chhibber appearing for the appellant fairly concedes that with the merger of cess payable on customs duty with the cess payable on counter veiling duty, the credit of the same was not admissible to the assessee. However, he submits that appellant continued to entertain a bona fide belief that the credit of the cess paid by them is available and as such continued to avail the same. He submits that the said availment was with reflection in their Cenvat Credit account records as also in various returns filed by them. In such a scenario no suppression ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the fact of availment of credit to the Revenue. 8. In view of the foregoing, I hold the demand to be barred by limitation. However, if any part of the demand falls within the limitation, the Original Adjudicating Authority would quantify the same and intimate to the appellant, who have given an undertaking to pay the same. Inasmuch as the absence of any mala fide on the part of the assessee has been upheld, there is no valid reason for imposition of penalty upon them. The same is accordingly set aside. 9. In view of the above, demand of duty along with imposition of penalty is set aside except the part which may fall within the limitation period. Appeal is disposed of in above terms. (Dictated and pronounced in Court) - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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