2016 (9) TMI 1229

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....ged in the manufacture of Sponge Iron falling under Chapter 72 of the First Schedule of Central Excise Tariff Act, 1985. The appellants availed CENVAT Credit of the duty paid on Bars, Angles, Channels, Joists. HR Coils, Beams, Rails, Plates, G.C. Sheets etc besides availing credit on cement, the welding electrodes, Oxygen Gas, LPG Gas etc. 2. Revenue by entertaining a view that the said items used by the appellant are not Modvatable raised demand of duty against them by way of issuance of show cause notice dated 30/09/2008 proposing to disallow and recover CENVAT Credit of Rs. 72,24,385/- availed by the appellant during the period September, 2007 to December, 2007. During the course of adjudication, appellant took category stand that suc....

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.... Tribunal was considered by the Hon'ble Gujarat High Court in the case of Mundra Ports & Special Economic Zone Ltd.- 2015 (04) LCX0197 and stands virtually over-ruled. Inasmuch as the Hon'ble High Court observed that the amendment issued on 07.07.2009 cannot be held to be clarificatory amendment and as such, would be applicable only prospectively. As such, without going into the factual aspect as to whether the iron and steel articles were used for construction or as supporting structurals, we are of the view that the same would be entitled to credit inasmuch as the period in the present appeal is before 07.07.2009. Apart from the merits of the case, we find the demand to be barred by limitation. Admittedly, the show cause notice stands ....