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2015 (1) TMI 1212 - AT - Central ExciseDenial of CENVAT Credit - Capital goods - Commissioner held demand is time barred - Held that:- Respondents had filed ER-1 returns and has also given the details of the credit taken even though it was not a statutory requirement during the relevant time. Further learned counsel also submitted the statement which shows the materials received, supplier’s name and the usage of the same in the factory. Moreover I also find that the submission of the learned counsel that because of the views prevailing during the relevant time taken by different Benches of this Tribunal, the respondent could have entertained a bona fide belief regarding their eligibility. Under these circumstances for demanding the cenvat credit, extended period could not have been invoked even if a view is taken about non eligibility. There were contrary views finally settled by this Tribunal Larger Bench in the case of Vandana Global Ltd. Vs. CCE, Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ] and hence extended period could not have been invoked - Since invocation of extended period in my opinion is not at all correct, I do not consider it appropriate that the matter should be remanded - Decided against Revenue.
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