2018 (6) TMI 1413 – CESTAT HYDERABAD – TMI – CENVAT Credit – input services – capital goods – Marine Insurance services – Air Travel Agent’s services – capital goods cleared without being used as such – extended period of limitation – Held that:- This appeal can be disposed of only on the ground of limitation.
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SCN is issued on 17.05.2016 for the various transactions on availment of CENVAT credit during the period May, 2013 to March, 2015. It is undisputed that the appellants were regular in filing the monthly returns with the authorities.
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The Audit reports submitted by the Learned Counsel are for period January, 2013 to December, 2013 audited during the period 26.01.2014 and 28.01.2014 and audit reports for January, 2014 to December, 2014 audited on 06.01.2015 – 21.01.2015. The said audit reports did not indicate any of the allegations made in the present show cause notice. It is also seen from the said show cause notice dated 17.05.2016, the basis for issuance of show cau
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ard both sides and perused the records. 3. The issue involved in this case is regarding eligibility to avail CENVAT credit of service tax paid on Marine Insurance services which were used for export of finished goods exported and Air Travel Agent s services used for business travel of directors for sales promotion; reversal of CENVAT credit availed on the capital goods cleared without being used as such and whether invocation of extended period as correct or otherwise. 4. The appellant herein had availed CENVAT credit of service tax paid on Marine Insurance service and Air Travel Agent s service during the period May, 2013 to March, 2015 and had availed the CENVAT credit of Central Excise Duty paid on compressors which were imported during the period 2013. Appellants were filing returns regularly with the authorities. A Show cause notice was issued for the demand of reversal of CENVAT credit availed on Marine Insurance and Air Travel Agent s services, on a ground that these services ar
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he memorandum of appeal. It is his further submission that the entire demand is hit by limitation as the show cause notice is issued on 17.05.2016 invoking the extended period, in spite of the fact that two audit parties have taken place in the appellant s premises and draws my attention to the audit report the copy annexed to the returns submitted today. 6. The matter was kept today for hearing arguments of Learned Departmental Representative. Learned Departmental Representative on the other hand reiterates the findings of the lower authorities and submits that Marine Policy is for the goods cleared from factory as also up to the place of destination in foreign countries and the place of removal, it is settled in the case of Contship Container Lines Ltd., Vs. D.K. Lall [2013 (297) ELT 321] wherein, Hon ble Apex Court has stated that seller does not reverse any right or lien qua on the impugned goods. 7. On careful consideration of submissions made by both sides, I find that this appea
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