2015 (11) TMI 205

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....envat credit, interest thereof and equal amount of penalty. 4. Ld. counsel after giving overall picture of the issue would draw my attention that the entire case is hit by limitation inasmuch the amount was recredited by them in June 2006 after informing the department by a letter dated 30.05.2006. He would submit that show-cause notice was issued to the appellant on 25.03.2001 by invoking extended period which is incorrect. 4.1 On merits, it is his submission that Cenvat credit was availed on spare of capital goods, which was forcibly reversed by the preventive officers on 19.12.1998, which was done under protest. It is his submission that from January 1999 to January 2006, appellant had written various reminders to the authorities for....

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....ppellant on 19.12.1998 under advice of the Preventive officer, when they visited the factory premises. 8. I find from the records that the appellants factory was visited by the Preventive officer on 19.12.1998 and they disputed the eligibility to avail Cenvat credit of certain items of capital goods; directed the appellant to reverse the Cenvat credit. The appellant had reversed the Cenvat credit on 19.12.1998. It is seen from the records that by letter dated 17.10.2000, appellant had informed the Superintendent of Central Excise in charge of Range I, that they were asked to reverse the modvat credit which they have reversed and requested the Superintendent to allow them recredit as they were eligible to do so as per Notification 25/96-CE....