Dear Experts,
I am a manufacturer and imports raw material and i am paying Custom duty with BCD, CVD, Spl CVD, EC & SHEC. And i have taken credit of CVD and Spl CVD plus proportionate EC and SHEC in proportion of CVD and Spl CVD.
At the time of FY 2012-13,2013-14 it was so confusing and i discussed with excise auditor but excise auditor said nothing is wrong you can take credit of the same and he didn't raise any query and complete audit.
BUT NOW Excise auditor is doing audit of current year and he is ready to raise demand of these points of past 5 years but my point is excise audit has been done of past period and we nothing to hide and mentioned each and every item in return and now how can deptt cover my case under fraud??
Please suggest.
Thanks in advance.
Manufacturer Challenges Five-Year Record Demand by Excise Auditor; Questions Alleged Fraud Grounds and Seeks Legal Clarification An individual, a manufacturer and importer, is facing an audit issue where the excise auditor demands records from the past five years, despite previous audits not raising any concerns. The individual argues that all items were disclosed in returns and questions the department's grounds for alleging fraud. Experts in the forum advise that if audits were conducted regularly, the department cannot invoke an extended period on grounds of suppression. However, they caution that notices may still be issued, potentially leading to litigation. The individual seeks clarification on the legality of taking credit for certain duties and requests relevant court judgments. (AI Summary)