https://www.taxtmi.com/caselaws?id=370483 Revenue-neutral CENVAT credit disputes require specific allegations of suppression, wilful misstatement, or mala fide intent before the extended limitation period can be applied; a notice that itself reflects later availability of credit weakens any inference of deliberate evasion. Tariff classification under Chapters 82, 84, 85 or 90 does not by itself make an item capital goods: where goods are consumed in the manufacturing process, are not capitalised in the books, and do not yield enduring benefit, credit should not be denied merely on heading. The note concludes that revenue neutrality and substance over tariff label are the governing principles. en-us Mon, 15 Oct 2018 00:00:00 +0530 Sun, 18 Nov 2018 08:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=370483 Revenue-neutral CENVAT credit disputes require specific allegations of suppression, wilful misstatement, or mala fide intent before the extended limitation period can be applied; a notice that itself reflects later availability of credit weakens any inference of deliberate evasion. Tariff classification under Chapters 82, 84, 85 or 90 does not by itself make an item capital goods: where goods are consumed in the manufacturing process, are not capitalised in the books, and do not yield enduring benefit, credit should not be denied merely on heading. The note concludes that revenue neutrality and substance over tariff label are the governing principles. Case-Laws Central Excise Mon, 15 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=370483