2016 (2) TMI 21

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....A, ADVOCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against the judgment of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 8.6.2015 raising following questions for our consideration. "(i) Whether the CESTAT is justified in giving the benefit of Cenvat credit to the respondent which is clear violation of Rule 3(5) of the....

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....ainable on revenue neutrality even though the inputs were cleared by the respondent without payment of duty as such to an EOU and at the same time retain the CENVAT taken without reversing it"? 2. Upon perusal of the impugned judgment of the Tribunal with the assistance of the learned counsel for the revenue, we notice that the main question involved in the appeal is regarding invocation of the....

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....against such judgment, the Department has preferred an appeal and we are told that SLP has been granted and appeals are pending. However, this is not the sole ground on which the Tribunal did not permit invocation of extended period of limitation. It was noticed that the assessee had under bona-fide belief not reversed the CENVAT credit on the goods so cleared. That being a finding of fact, in our....