- (1.) Heard Sri B.K.S. Raghuvanshi, learned counsel for the petitioner-department and Sri Ashok Kumar, learned counsel for the respondent-assessee.
(2.) This Central Excise Appeal has been filed by the Commissioner, Customs, Central Excise & Service Tax, Ghaziabad against the Order No.ST/A/53147/2014-EX (DB) dated 24th July, 2014 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi, insofar as it holds that the extended period of limitation was not available to the revenue, as no mala fide can be attributed to the assessee for invocation of the longer period of limitation.
(3.) The present excise appeal was admitted under order of the High Court dated 24th July, 2014 on the following substantial question of law: "Whether Tribunal was justified in holding that extended period of limitation under Rule 15 of the Cenvat Credit Rules, 2004 and Section 11 (A) (1) of the Central Excise Act, 1944 was not attracted in this case?". Facts relevant for deciding the present central excise appeal are as follows: M/s. Rathi Steel and Power Ltd., Industrial Area, G.T. Road, Ghaziabad *hereinafter referred to as the "assessee") is engaged in manufacture of T.M.T./TOR Steel, S.S. Billets, S.S. Flat, M.S. Billet, etc. The assessee is also registered with Central Excise Department and was availing the facilities of Cenvat Credit on items, namely, Shape & Section, M.S. Plate, H.R. Plate, M.S. Channel, Angles, Roughly Shaped, Forged Rolls, Paints & Primer, Aluminum Bar etc. as "capital goods".;