2018 (10) TMI 390

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....sed in further fabrication of capital goods in the factory of production. The appellant has also availed some credit on inputs being capital goods. 3. During the period, the appellant also availed cenvat credit of Rs. 44,22,305/- as capital goods. The said items were used in fabrication of machine, machinery. The appellant was paying duty till October, 2004 on final products. The appellant factory on making substantial expansion on plant & machinery, w.e.f. 8.11.2004 availed area based exemption under Notification No. 50/2003-CE dated 10.06.2003 as amended. During the period 12.12.2005 to 16.12.2005, the audit party of Central Excise conducted the audit and also raised the objections regarding availment of cenvat credit. The appellant vide....

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....-I. 6. The demand show cause notice is time barred, consequently there is no justification in confirming demand and imposing penalty. The appellant submits that audit was conducted during the period 12.12.2005 to 16.12.2005, reply to audit objection submitted vide letter dated 31.03.2006, the show cause notice issued on 25.4.2008 is time barred. The appellant rely on the judgment of Hon'ble High Court of Allahabad in the case of CCE vs. Triveni Engg. & Industries Ltd. -2015 (317) ELT 4-8 (All.). 7. The show cause notice was confirmed with Order-in-Original dated 30.03.2017 whereby the proposed demand of Rs. 72,43,029/- was confirmed under Rule 14 of Cenvat Credit Rules, 2004 read with Section 11A of the Act alongwith interest and equal am....