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2016 (3) TMI 198 - CESTAT MUMBAICenvat Credit - Non maintaining of separate accounts - extended period of limitation invoked - inputs used in the manufacture of finished goods cleared on payment of duty and for inputs used in the manufacture of exempted finished goods as required under Rule 6(2) of the Cenvat Credit Rules - Held that:- Assessee has attached various correspondence along with their written submissions which show that the respondent has been maintaining separate records with respect to the input which is used for manufacture of excisable goods as well as inputs which are used for manufacture of exempted goods. They have also annexed the copy of the cenvat credit account registers. Further find that the learned adjudicating authority has found that though the respondent has maintained the separate accounts but not as per the requirement of the law. In fact no specific form has been prescribed in which separate accounts have to be maintained whereas the respondent has shown by production of their registers and documents that they have been separately maintaining records with regard to most of the inputs. Further, the demand pertains to the period May 2004 to September 2005 and the show cause notice was issued on 1.7.2008 i.e. after a period of four years, wherein the respondent in a number of letters exchanged between them and the department, clearly stated regarding the availment of exemption and maintenance of accounts and furnishing of the required return. As there is no fraud or suppression of fact involved in this case as the department was all along kept informed of the respondent's activity and therefore there is no reason for justification of invoking the extended period of limitation. - Decided against revenue
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