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2011 (3) TMI 1125 - CESTAT, DELHIInterest and penalty - CENVAT credit denied - claim regarding the reversal of the credit rejected - order-in-original not intimated the option available to the Appellant to pay interest and 25% of the penalty within 30 days of receipt of the order - Held that:- The date (28-04-2001) on which the Appellant claims to have reversed the credit is much after the date (07-02-2001) on which investigations were started by the department against the supplier. This claim of return of the goods in itself supports the case of the department that the credit was fraudulent when seen with the other attendant circumstances. The plea that SCN was not issued within one year from taking credit is not correct because this is a case involving a fraudulent document and the time limit for issue of SCN in such cases is five years from the relevant date as per the proviso to the Section 11A of the Central Excise Act. As order-in-original has not intimated the option available to the Appellant to pay interest and 25% of the penalty within 30 days of receipt of the order to close the matter an opportunity to the Appellant to pay 25% of the penalty imposed within thirty days of receipt of this order for a final closure of the matter given.
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