2016 (7) TMI 631

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....ndent ORDER This is an appeal filed by Revenue against the order passed by Commissioner (Appeals) which set aside the demand, interest and penalty confirmed by the original authority. 2.  The respondent is engaged in manufacture of Ferro silicon and are availing facility of CENVAT Credit on inputs and capital goods.  The allegation is that they availed irregular credit on MS Beam, MS ....

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....; In this case, the Tribunal was of the view that the larger bench decision is no longer good law as it runs contrary to the judgment in Rajasthan Spinning & Weaving Mills Ltd., which was rendered after the decision in Vandana Global Ltd., case.  The Apex Court in the case of Rajasthan Spinning & Weaving Mills applied the user test and held that credit is admissible on MS items used for fabri....

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.... made by Revenue is that the finding of Commissioner (Appeals) that the demand is time barred is incorrect.  The show cause notice is dated 04.07.2012.  The period involved is April, 2008 to June, 2011.  The demand is beyond the normal period of one year.  Revenue contends that though the factum of avialment of credit on steel items and welding electrodes was stated to be repor....

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....ssuing show cause within normal period.  The Commissioner (Appeals), in my view has rightly applied the judgment rendered by Hon'ble Apex Court in the case of Continental Foundation Jt Venture Vs CCE, Chandigarh-1 [2007 (216) ELT 177 (S.C.)].  The Hon'ble court in the said case held that mere omission to give correct information is not suppression of facts.  Again in Agro Chemical C....