Extended Period of Limitation cannot be invoked to raise demand of IGST Portion of Customs Duty which is Available as ITC: CESTAT sets aside Order

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) ruled that the extended period of limitation cannot be applied to demand Integrated Goods and Services Tax (IGST) on customs duty, which is available as Input Tax Credit (ITC). The case involved an appeal where the Revenue Department invoked an extended period for raising the demand of IGST on the customs duty already claimed as ITC by the appellant. CESTAT set aside the order, emphasizing that when ITC is available and utilized, the demand under IGST cannot be raised using an extended limitation period. This decision underscores the principles of tax credit availability and the limitations on retrospective demands under GST laws.