2018 (11) TMI 488

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....or the Appellant Shri. R. Subramaniyan, AC (AR) for the Respondent ORDER The appellant is a manufacturer of various chemicals and is having factories at three places namely, Vapi, Gujarat and Jammu & Kashmir with a registered Head Office at Chennai which is registered as Input Service Distributor (ISD). 2. A Show Cause Notice No. 44/2016 dated 18.04.2016 was issued proposing to disallo....

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....eld the demand as well as penalty and modified the interest alone; the appellant seeks to impugn the partial disallowance by this appeal. 3. Today when the matter came up for hearing, Ld. Advocate Shri. C. Seethapathy appeared for the assessee and Ld. AC (AR) Shri. R. Subramaniyan appeared for the Revenue. 4.1 Ld. Advocate submitted that the Show Cause Notice issued on 18.04.2016 for the per....

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....Kashmir; that therefore CENVAT Credit could not be denied or disallowed; and that no suppression could be alleged to justify invocation of extended period of limitation. He also submitted that as an abundant precaution even the credit alleged to have been wrongly availed of Rs. 2,40,045/- was reversed. 5. Per contra, Ld. AR supported the findings of the lower authorities. 6. I have heard the....

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....ase, I find that the judgement of the Hon'ble Apex Court in the case of Commissioner of Customs Vs. Magus Metals P. Ltd. - 2017 (355) E.L.T. 323 (S.C.) squarely applies for the reasons : (i) That extended period of limitation is invoked by issuing Show Cause Notice after nearly 16 months; and (ii) Issuance of another Show Cause Notice much after i.e., nearly 11 months after the audit visit. ....