2017 (6) TMI 630

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....of the CETA 1985  and are availing the benefit of Cenvat credit under Cenvat Credit Rules 2004. During the course of audit of the records by CAAP Audit team of the department, it appeared that the appellant had availed Cenvat credit as well as depreciation in their income tax return in respect of certain capital goods. Based on the direction of the audit team, the appellant reversed the Cenvat credit amounting to Rs. 3,17,961/- on 09.08.2010 and also paid interest of Rs. 61,153/-vide two challans dated 31.08.2016 and 21.09.2010. Thereafter the appellant had a bonafide belief that the appropriate authority would issue a show-cause notice to determine whether the appellants have wrongly taken the Cenvat credit as stated by the Internal A....

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....was no adjudication and appropriation of deposit against the confirmed demand. In support of his submission he relied upon the following decisions: 1) CCE Chandigarh Vs M/s Ind Swift Lands Ltd [2017-TIOL-217-HC-P&H-ST] 2) Parle International Ltd Vs UOI [200(127)ELT 329( Guj)] 3) Bhagwati International Vs UOI [2005(190)ELT 300 (P&H)] 4)Bajaj Auto Ltd Vs CCE Aurangabad [2007(213)ELT 577(Tri-Mum] 5) Foods, Facts & Fertilizers Ltd Vs CC, CE & ST, Guntur [2010 (20)STR 482 (Tri-Bang)] 6) Laxmi Board & Paper Mills Ltd Vs CCE Mumbai [2007(208)ELT 384 (Tri-Mum)] 7) Bodal Chemicals ltd Vs CCE Ahmedabad [2013)(201) ELT 399 (Tri-Ahmd)] He further submitted that the issuance of show-cause notice is mandatory requirement in terms of Sectio....