2019 (11) TMI 64

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....a, ARs for the Respondent ORDER The appellant is in appeal against the impugned order wherein the cenvat credit sought to be denied on the ground that the appellant has failed to produce the documents on the strength of which they have availed cenvat credit, therefore, they are not entitled to avail cenvat credit. 2. The facts of the case are that the appellant is engaged in providing lea....

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....tune of Rs. 1,58,07,543/-. Therefore, it was alleged that the appellant did not have the original requisite cenvatable invoices and has availed cenvat credit without receipt of documents and input services in contravention of Rule 9 of Cenvat Credit Rules, 2004. Therefore, they have taken inadmissible cenvat credit and which has been utilized to discharge their service tax liability during the per....

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....vice tax was raised alongwith interest and penalty was also imposed. Against the said order, the appellant is before us. 3. Ld. Counsel for the appellant submits that it is evident from the record itself that the appellant has taken cenvat credit during the financial year 2008-09 and 2009-10, the same was opening balance on 01.04.2010 and closing balance in March 2010 to the tune of Rs. 1,58,07....

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....he financial year 2008-09 and 2009-10 and in March 2010, the closing balance of cenvat credit lying in their cenvat credit account was Rs. 1,58,07,543/- and the same was opening balance on 01.04.2010. Further, the appellant started utilizing the said cenvat credit from October 2010 onwards. In that circumstances, the show cause notice issued on 21.04.2016 is highly time barred i.e. beyond the peri....