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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: (i) Whether the proceedings for availment of credit were barred by limitation.
Analysis: The credit availed by the appellant had been reflected in the ER-1 returns along with supporting TR-6 challans. The notice was issued only on 05.03.2008 for a period covering March 2005 and March 2006. In these circumstances, there was no material to justify invocation of the extended period of limitation.
Conclusion: The proceedings were held to be ab initio hit by limitation and the demand could not be sustained.
Final Conclusion: The impugned order was set aside and the appeal succeeded on the question of limitation, with consequential relief as per law.
Ratio Decidendi: Where credit availment is disclosed in statutory returns and supporting documents, and the notice is issued beyond the normal period without ingredients for fraud, suppression, or wilful misstatement, the extended period of limitation cannot be invoked.
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