2011 (1) TMI 544

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....led income-tax returns relating to the Financial Year 2001-02 (Assessment Year 2002- 03) and the Financial Year 2002-03 (Assessment Year 2003-04) and claimed the benefit of depreciation. This is admittedly in violation of Rule 4(4) of Cenvat Credit Rules, 2002. During the audit by the department in December, 2004 the above irregularity was noticed. Thereupon the appellants have filed revised income-tax returns for the Financial Years 2003-04 (Assessment Year 2004-05) foregoing the benefit already availed by them during the Financial Years 2001-02 and 2002- 03. The original authority disallowed the credit on the capital goods and confirmed the demand alongwith interest and also imposed equal amount as penalty. The Commissioner (Appeals) has ....

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.... He submits that the decisions of the Tribunal in the case of Nandeshwari Packaging and in the case of Giriraj Industries are on the facts of those cases and no law as to how to interpret the relevant date for issue of show cause notice in terms of Section 11A of Central Excise Act, 1944 has been laid down. The relevant date has to be reckoned with reference to the obligation on the part of the assesses and not on the date of detection by the department either during audit or during search and seizure operations. When there is suppression of relevant facts, extended period will be invoked and the same reckoned from the relevant date as per Section 11A. 6. I have carefully considered the submissions from both sides and perused the re....

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.... a period of five years from the relevant date as defined in the Central Excise Act, which is as under : "(ii) "relevant date"means,- (a) in the case of excisable goods on which duty of excise has not been levied or paid or has been short-levied or short-paid - (A) where under the rules made under this Act a periodical return, showing particulars of the duty paid on the excisable goods removed during the period to which the said return relates, is to be filed bya manufacturer or a producer or a licensee of a warehouse, as the case may be, the date on which such return is so filed; (B) where no periodical return as aforesaid is filed, the last date on which such return is to be filed under the said rules; (C)&em....