2011 (1) TMI 742

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....V. Ravindran This appeal is against the Order-in-Appeal No.155/2010 dt. 18/3/2010. 2. The relevant facts that arise for consideration are that the appellants have availed Cenvat Credit on the duty paid on various capital goods which were received by them.  The appellants have two Units 1 & 2.  The issue involved in this case is in respect of Unit No.1. Unit No.1 received capital go....

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....upheld the demands and consequential penalties and interest.  Hence this appeal.  3.1. Ld. Counsel would take me through the entire Order-in-Appeal.  It is his submission that the amounts sought to be reversed was in fact time barred.  It is his submission that the credit was availed in November, 2007 while show-cause notice was issued on 24/2/2009.  He would draw my at....

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....ion that the said credit cannot be disallowed by the authorities as there is no dispute regarding the receipt of the said components & spares and clearance of the same from Unit No.1 to Unit No.2 on payment of duty. 4. Ld. DR would reiterate the findings of the ld. Commissioner(Appeals). 5. I have considered the submissions made by both sides and perused the records. 6. The issue involved....

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....any queries to as regards credit availed by the appellants on capital goods in November, 2007.  On perusal of the show-cause notice which demanded reversal of the credit, it is seen that there is no allegation of suppression, fraud or collusion on the part of assessee for availment of such credit.  If that be so, the show-cause notice issued on 24/2/2009 is blatantly time barred.  I....