https://www.taxtmi.com/caselaws?id=371570 Cenvat credit taken on capital goods while depreciation was also claimed under the Income-tax Act was analysed against the binding High Court position, and the merits were found against the assessee. However, the demand related to credits taken in 2003-04 and 2004-05, while the show-cause notice was issued only in September 2016, and the assessee's stand was supported by then-prevailing Tribunal decisions. In the absence of suppression with intent to evade duty or mala fide conduct, the extended period under the proviso to Section 11A could not be invoked, and the demand was held time-barred. en-us Wed, 05 Dec 2018 00:00:00 +0530 Thu, 06 Dec 2018 10:33:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371570 Cenvat credit taken on capital goods while depreciation was also claimed under the Income-tax Act was analysed against the binding High Court position, and the merits were found against the assessee. However, the demand related to credits taken in 2003-04 and 2004-05, while the show-cause notice was issued only in September 2016, and the assessee's stand was supported by then-prevailing Tribunal decisions. In the absence of suppression with intent to evade duty or mala fide conduct, the extended period under the proviso to Section 11A could not be invoked, and the demand was held time-barred. Case-Laws Central Excise Wed, 05 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371570