Audit Team Demanding last 5 years record with revision_Urgently

[Asked by Guest]

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.

AI Summary

Extended limitation cannot be invoked where prior audit occurred; SCNs invoking extended period risk quashing.
The department proposes reopening five prior years to deny credit of CVD, Special CVD and proportionate EC and SHEC despite earlier audits that accepted returns; where audits were regularly conducted the extended period of limitation is constrained and SCNs invoking extended period are vulnerable to quashing. HE and SHE cess paid before 1.3.2015 may be utilised towards basic excise duty for goods received on or after 1.3.2015 per Notification No.12/15-CE(NT) dated 30.4.15.