Cess Credit Use for Excise Duty Post-2015: Demand Unsustainable Due to Lack of Suppression Evidence, Extended Limitation Invalid.

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....Utilization of balance of Cess credit after 01.03.2015 for payment of Central Excise Duty - Though these returns were filed in May 2017, the Show Cause Notice has been issued only two years later, invoking the extended period of limitation - there is no positive act of suppression established by the Department to prove that there is any wilful suppression of facts. - The demand raised invoking the extended period of limitation cannot sustain and requires to be set aside - AT....