COMMISSIONER OF CUSTOMS Vs. KUMARAN ALLOYS (P) LTD

JUDGEMENT

(1.) This appeal, by the Revenue, is directed against the order passed by the Customs, Excise and Service Tax appellate Tribunal (hereinafter referred to as "the Tribunal"), South Zonal Bench, Chennai, arising out of an Order-in-Appeal No.124/2014-CE, dated 23.04.2014 passed by the Commissioner of Central Excise (Appeals), Salem.

(2.) The appeal before the Tribunal was at the instance of the assessee, who had challenged the correctness of the order passed by the Commissioner (Appeals), confirming the order dated 20.11.2013. By the said order, the Adjudicating Authority while ordering invocation of extended period of limitation under proviso to Section 11A(1) of the Central Excise Act, 1944 (hereinafter referred to as "the CEA, 1944"), as it stood then, confirmed the demand of Rs. 8,08,730/- being the Cenvat credit availed along with education cess in terms of proviso to Section 11A(1) of the CEA, 1944 read with Rule 14 of the Cenvat Credit Rules, 2004 (hereinafter referred to as "the CCR, 2004") and the Adjudicating Authority demanded interest at an appropriate rate under Sections 11AB and 11AA of the CEA, 1944 read with Rule 14 of the CCR, 2004 and also imposed penalty of equivalent sum of Rs. 8,08,730/-.

(3.) Before the Commissioner (Appeals), the assessee contended that they were availing S.S.I. exemption under Notification No.8/2003-CE as amended and had taken Cenvat credit on capital goods received from July 2008 to March 2009 and the Cenvat credit taken was kept in balance in their Cenvat credit account in March 2009 and carried over up to March 2011.