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TMI Blog2023 (10) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... owed the laid down procedure for de-bonding of 100%EOU unit. The appellant at their own calculated the dues on the stock of finished goods, stock of imported raw materials and indigenous stock of raw materials, goods lying in work-in-progress and duty liability on capital goods, after taking into consideration the depreciation value as on 04.10.2012. After calculation of dues, the appellant have submitted a detailed calculation sheet/ work sheet to the department and they discharged their Customs and Central Excise duty liabilities and a letter dated 08.10.2010 was sent to the Assistant Commissioner of Central Excise mentioning the details of payment of various kinds of dues. The Assistant Commissioner, Vadodara-ii issued a no dues certific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the time of de-bonding of the unit and this no dues certificate was issued as a corollary to the details of payment of duty, which also included utilisation of Cenvat credit, submitted to the department by the appellant. The department never took any objection on the same and therefore, the show cause notice is grossly barred by period of limitation as it has been issued beyond the normal period of demand. 3. It has further been argued that they have paid counterveiling duty portion and normal excise duty portion was paid by utilizing the Cenvat credit which was lying in balance at the time of de-bonding of 100%EOU. Learned Consultant further submitted that they as a 100% EOU are a manufacturer of excisable goods under the Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). (c) Commissioner of Central Excise, Pune-I vs. Neha International Limited - 2015 (315) ELT 89 (Tri-Mumbai) (d) Winsome Yarn Limited vs. Commissioner of C. Ex, Chandigarh - 2001 (131) ELT 187 (Tri. Del.) Commissioner vs. Winsome Yarn Limited - 2006 (199) ELT A183 (S.C.)) 4. We have heard Shri Prabhat K. Rameshwaram, learned Addl. Commissioner, AR who has reiterated the findings as given in the order-in-original. 5. Having heard both the sides, we find that on the issue whether the amount of the counter-veiling duty which is payable at the time of de-bonding 100% EOU can be paid from the accumulated Cenvat credit by an EOU Unit. We find that this issue is no longer res-integra as this issue in the case of Dishman Pharmaceuticals and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessees have been permitted to pay the excise duty foregone from the Cenvat credit account, there is no reason as to why the petitioners should be denied such benefit. Besides, the petitioner company is a reputed well established Pharmaceutical Company and hence, the interest of the revenue is in no manner jeopardized if the interim relief, as prayed for, is granted, whereas the petitioner company would have to face a cash crunch if called upon to pay the excise duty foregone in cash, whereas its Cenvat credit account would remain unutilized. Besides, as pointed out by the learned counsel for the petitioners, ultimately the excise duty foregone which is to be paid in cash, is going to be added back to the amount of Cenvat credit lying in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s certificate on 13.10.2012 to the appellants therefore, making allegation of any suppression of facts, misdeclaration or any other contravention with an intention to evade duty are not present in this case. Since the entire demand is beyond normal period, the same is hit by period of limitation and therefore, unsustainable. While holding this view, we also rely upon the decision of this Tribunal in the case of Kaybee Tex Spin Limited vs. CC, Ahmedabad - 2019 (368) ELT 148 (Tri. Ahmd.) "4.7 We find that the appellant have also raised the ground of limitation, on this, the fact is that the appellant have cleared the goods in DTA on payment of full duty by following the procedure such as issuance of excise invoice wherein the duty payment h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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