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2015 (10) TMI 1247 - CESTAT AHMEDABADAdmissibility of CENVAT credit - Imposition of interest and penalty - Held that:- It is observed from the case laws relied upon by the appellant that the issue of admissibility of CENVAT credit on the impugned items was disputable. Which was settled by CESTAT Larger Bench in the case of M/s Vandana Global Ltd. (2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)). When the issue is disputable, and divergent views were expressed by the Courts then it cannot be said that appellant had any intention to evade any duty or deliberately took wrong CENVAT credit. Under the present facts and circumstances extended period of demand cannot be made applicable. The period of dispute is from October 2007 to February 2009, whereas the Show Cause Notice was issued on 22.06.2010, which is clearly beyond the normal period of one year under Rule - 14 of the Cenvat credit Rules, 2004 readwith Section 11 A of the Central Excise Act, 1944 - appellant is allowed only on limitation in raising demand without expressing any views on the merits of admissibility of CENVAT credit - Decided in favour of assessee.
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