2008 (4) TMI 266

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..... y when C.V.D. is paid in cash – since there were conflicting decisions on this issue and records were maintained properly by assessee, it cannot be held that there was intention to suppress the facts – therefore, even though issue has to be decided in favor of Revenue on merit, the order imposing demand, interest, penalty and redemption fine cannot be sustained
Shri B.S.V. Murthy, Member (T) .....

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..... E.P.B. scrip has been finally settled by the Larger Bench in the case of Essar Steel Ltd. v. C.C.E., Vishakhapatnam - 2004 (173) E.L.T. 239 (Tri-LB.) in favour of Revenue. However, the show cause notice has been issued invoking the extended period. Therefore, the question arises as to whether the extended period is applicable. It is seen that during the period there were conflicting decisions on t .....

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..... ned that from the fact that there was difference of opinion between different Benches of the Tribunal also goes in their favour. In view of the above, even though issue has to be decided in favour of Revenue on merit, the order cannot be sustained on limitation. Accordingly, the appeal is allowed and demand of Cenvat credit, interest, redemption fine and penalty are held to be unsustainable. (Pro .....

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