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2013 (1) TMI 76 - AT - Central ExciseCenvat credit wrongly availed - whether the damaged parts were put into use or not - assessee contested against invoking extended period of limitation - Held that:- A final claim bill which clearly shows that the appellant informed the Insurance Company that they had availed the cenvat credit on the parts and while settling the claim, the insurance company has specifically disallowed the amount of Rs. 4,00,206/-, treating it as available as cenvat credit. The fact that appellants made claim before the insurance company that they have availed the cenvat credit and they are eligible for the same would show that they apparently entertained belief that they are eligible for the credit in respect of damaged parts. Appellant having not suppressed any fact even before a private party like insurance company it has to be held that appellant had entertained bonafide belief regarding availability of cenvat credit and therefore, extended period is not invokable - in favour of assessee.
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