2016 (3) TMI 161

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....ure of final products. During the course of audit of the books of accounts for the period April, 2003 to July, 2004, it was observed by the Central Excise Officers that the appellant had availed cenvat credit on Basic Excise Duty (BED), AED (ST) and AED ( T & TA) paid on different types of yarns, used in the manufacture of man-made fabrics. Since cenvat credit taken on AED ( T & TA) were utilized towards payment of BED leviable on manmade fabrics, the Audit Officers of the Central Excise Department objected to such utilization of credit in terms of the provisions of Rule 3 (6) (b) of the Cenvat Credit Rules, 2002. The reason assigned for such objection is that cenvat credit of AED (T & TA) taken on inputs can only be utilized towards paymen....

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....ng the extended period of limitation is not maintainable, and thus, the demand is liable to be set aside. To support her stand that show cause notice issued is barred by limitation of time, the ld. Advocate has relied on the following judgment/decisions rendered by the judicial forums:- 1. Gopal Zarda Udyog vs. CCE, New Delhi reported in 2005 (188) E.LT. 251 (S.C.) 2. Pushpam Pharmaceuticals Co. vs. CCE, Bombay reported in 1995 (78) E.L.T. 401 (S.C.) 3. CCE vs. Chemphar Drugs & Liniments reported in 1989 (40) E.L.T. 276 (S.C.) 4. CCE & Cus., Aurangabad Vs. Swastic Auto Products reported in 2008 (222) E.L.T. 200 (Bom.) 5. K.G. Denim Ltd. vs. CCE, Salem reported in 2008 (222) E.L.T. 464 (Tri. Chenn....

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....it on such disputed duty. Therefore, in absence of those ingredients, issuance of show cause notice should be confined to a period of one year from the date of utilization of such wrongly availed credit. It is not in dispute that the appellant has not complied with the statutory provisions in not filing the returns in time and that the credit particulars were not reflected therein. Since, the information regarding taking of cenvat credit on the disputed duty amount and utilization thereof for clearance of the finished products was within the knowledge of the Department, the show cause notice issued on 04.03.2008, proposing recovery of cenvat credit for the period April 2003 to July, 2004, in my opinion, is barred by limitation of time. I fi....