https://www.taxtmi.com/caselaws?id=458787 CESTAT New Delhi allowed the appeal, setting aside the demand for recovery of Cenvat credit on limitation grounds. The tribunal held that extended period of limitation under section 11A of Central Excise Act cannot be invoked merely because the assessee operates under self-assessment. The Revenue failed to establish any of the five statutory elements required for invoking extended period - fraud, collusion, willful mis-statement, suppression of facts, or violation with intent to evade duty. Since the show cause notice was issued beyond the normal one-year limitation period without proper justification, the demand became time-barred and was set aside. en-us Thu, 25 Apr 2024 00:00:00 +0530 Fri, 15 Nov 2024 18:59:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458787 CESTAT New Delhi allowed the appeal, setting aside the demand for recovery of Cenvat credit on limitation grounds. The tribunal held that extended period of limitation under section 11A of Central Excise Act cannot be invoked merely because the assessee operates under self-assessment. The Revenue failed to establish any of the five statutory elements required for invoking extended period - fraud, collusion, willful mis-statement, suppression of facts, or violation with intent to evade duty. Since the show cause notice was issued beyond the normal one-year limitation period without proper justification, the demand became time-barred and was set aside. Case-Laws Central Excise Thu, 25 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458787