2019 (1) TMI 903

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.... Choudhary: 1. Heard the parties. The issue in this appeal is whether the show cause notice has been rightly issued invoking the extended period of limitation. 2. The facts in brief are that the appellant is a manufacturer of sponge iron. During the course of audit for the period February, 2014 to March, 2015 it was noticed that appellant have wrongly taken Cenvat Credit of input services amoun....

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....al Excise audit circle Satna, the irregularity would have gone unnoticed. The Noticee had not submitted any documents or information, such as copies of relevant Invoices/Abstract/Statement of Cenvat Credit taken by them etc. to the department for taking such credit. They had also not mentioned the facts of taking such wrong Cenvat Credit in their retuns/reports filed by them. It is also pertinent ....

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....id act with intent to evade payment of Central Excise Duty liveable on final products cleared by them by way of utilizing such inadmissible Cenvat Credit. Since the notice have suppressed the material facts from the department as discussed above with intent to evade payment of Central Excise duty, the extended period of limitation for recovery of duty amount so evaded may be invoked in terms of ....

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....re-deposit already made further interest was demanded and also penalty was imposed of equal amount under Rule 15 (2) of CCR, 2004. 5. Being aggrieved the appellant preferred appeal before Ld. Commissioner (Appeals) who have been pleased to hold that there is no applicability of interest as the amount have not been utilized following the ruling of Hon'ble Karnataka High Court in the case of CCE & ....