2016 (2) TMI 21

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....NOURABLE 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 Cenvat Credit Rules, 2004? (ii) Whether the....

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....y 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 extended period for recovery of the excise duty. That department hav....

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....e 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 opinion, no question of law arises. 4. Counsel for the revenue pointe....