2008 (3) TMI 593

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....e Cenvat credit is admissible on Bill of Entry wherein duty has been paid through DEPB Scheme. The learned Advocate on behalf of the appellants fairly submits that the Larger Bench of the Tribunal in the case of Essar Steel Ltd. v. CCE, Vishkhapatnam reported in 2004 (173) E.L.T. 239 (Tri.-LB) has decided this issue against the assessee. He submits that the demand is barred by limitation. 3. The learned Advocate submits that they availed credit on the basis of Bills of Entry which are duly recorded in the RG 23-A Part I and Part II records. Thus, there is no suppression of fact with intent to evade payment of duty. He relied upon the decisions of the Hon'ble Supreme Court as under :- (a)     Larsen & Toubro Lt....

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.... It has also been alleged that the Bill of Entry was endorsed by the importer without having registration of Central Excise as dealer. It has further been alleged that the fact of having Cenvat credit for inadmissible documents was never disclosed to the Department. Hence the extended period of limitation would be invoked. I find that admittedly the appellants availed the credit on the basis of Bill of Entry and duly recorded in their statutory record namely RG 23 Part I and Part II. So, the allegation that the document was not disclosed by the appellants is not sustainable. 6. The issue involved in this case is as to whether the appellant is entitled for Modvat credit on the strength of Bill of Entry wherein CVD is paid through DEP....