TaxTMI 
TaxTMI 
2017 (7) TMI 709
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....t of which was transmitted to Tamil Nadu Electricity Board (TNEB). There were two other issues to involved concerning non-reversal of Cenvat credit in respect of waste and scrap of iron as also of jumbo bags and wrong utilization of Cenvat credit in respect of damaged inputs. 2. The said decision of the original adjudicating authority was appealed against before Commissioner (Appeals), who upheld the denial of credit but reduced the penalty. The said order of Commissioner (Appeals) was appealed again by the assessee as also by Revenue before Tribunal. The Revenue's appeal was against reduction of penalty by Commissioner (Appeals). It is seen that both the appeals were disposed of by Tribunal vide two different orders and in both the ca....
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....(SC.). As such, the issue on merits stand decided against the appellant. 4.1 However, learned advocate assails the impugned order on the point of limitation by submitting that the credit was availed during the period April, 2000 and June, 2001, whereas, the show-cause notice stand issued in 2005. He submits that there was lot of confusion in the field during the relevant period and the Larger Bench decision as also the Hon'ble High Court of Gujarat decision was in favour of the assessee. The same were reversed only subsequently by the Hon'ble Supreme Court. In such a scenario, no malafide can be attributed to the appellant so as to invoke the longer period of limitation. For the above proposition, he relies upon the Tribunal's ....
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.... period and for imposition of penalty are same and in view of the fact that there is no malafide intention and issue involved was bonafide interpretation, the demand raised by invoking the longer period is unsustainable. 6. After hearing the learned departmental representative appearing for the Revenue who submits that law having been clarified by the Hon'ble apex court in respect of merits of the case, clearly lays down that an assessee is not entitled to the credit in respect of Furnace Oil used in the manufacture of electricity, which is wheeled out and the appellant having taken the credit contrary to the law laid down by Hon'ble Supreme Court, is liable to reverse the same, irrespective of the notice having been issued beyond ....