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TMI BlogLegal Nuances in CENVAT Credit Rules and Extended Limitation Periods: A Detailed AnalysisX X X X Extracts X X X X X X X X Extracts X X X X ..... ractices will also be explored, highlighting its significance in the broader legal context. Legal Issues and Case Background The case revolves around two central legal issues: Eligibility for CENVAT Credit : The core of this issue lies in interpreting the CENVAT credit rules, which are crucial for tax credit calculations in India. The case examines the conditions under which a taxpayer is eligible for these credits and the restrictions imposed by tax laws. Applicability of Extended Period of Limitation : This issue addresses the timeframe within which tax authorities can reassess tax liabilities. The extended period of limitation is a concept that allows tax authorities to assess or reassess tax dues beyond the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. Extended period of limitation: The question of the applicability of the extended period of limitation in the case is a crucial aspect that deserves a detailed analysis. According to the judgment, the extended period of limitation can be invoked under Section 73 of the Finance Act, 1994, for the recovery of service tax not levied, not paid, short levied, short paid, or erroneously refunded. This section applies mutatis mutandis to irregularly availed CENVAT credit recoverable under Rule 14 of the CCR (CENVAT Credit Rules) . To invoke the extended period of limitation, specific grounds are required, such as fraud, collusion, wilful misstatement, suppression of facts, or violation of the Act or Rules with an intent to evade pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the appellant did not seek clarification from the Revenue or that the officer did not conduct a detailed scrutiny of the Returns and the availment of CENVAT credit, which was discovered only during the audit, was not found to be sufficient grounds for invoking the extended period of limitation. In conclusion, the tribunal found in favor of the appellant on the question of limitation, determining that the entire demand, except for what was conceded by the appellant, fell beyond the valid period of limitation. Therefore, it was not necessary to examine the merits of the case further. Full Text : 2023 (8) TMI 995 - CESTAT NEW DELHI - FAQ - Frequently Asked Questions, TMI Short Notes , ..... X X X X Extracts X X X X X X X X Extracts X X X X
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