2014 (5) TMI 603

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....ial question of law was formulated by this court while admitting the present appeal : "Whether the Tribunal below committed substantial error of law in holding that the assessee was under bona fide belief that the items in question were capital goods for the purpose of Modvat Credit and, therefore, the Department was not entitled to invoke extended period of limitation and consequent demand of du....

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.... Education Cess of Rs. 2,242/- totalling to Rs. 7,59,438/-. The Cenvat credit availed was in respect of capital goods namely angles, beams, plates, M.S. Channels, sheets, welding rods, etc., which were used for construction of sheds and flooring of the area situated outside the plant area, it was for period from 1-3-2003 to March, 2008. 3.1 As per Rule 2(a) of the Cenvat Credit Rules, 2004, ....

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....Act' for the sake of brevity) and imposition of penalty of equal amount plus interest. 3.3 The assessee preferred appeal before the Commissioner (Appeals), Central Excise, who by his order dated 22-1-2010 dismissed the appeal. Therefore, the respondent approached the Tribunal challenging that order. The Tribunal by its order dated 17-2-2011 allowed the appeal, which is the order impugned by ....

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....pression of fact on their part which could justify invocation of longer period of limitation. It was fairly submitted before the Tribunal on behalf of the assessee that subsequently the issue came to be decided against them in case of Vandana Global Ltd. v. CEC [2010 (253) E.L.T. 440 (Tri.-L.B.)] 5. The Tribunal observed in its impugned order as under : "3. ... the period involved is prior ....