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2013 (4) TMI 436 - AT - Central ExciseAdmissibility of credit – Extended period of limitation – penalty u/s 11AC - Appellant has not contested the issue on merits that credit is not admissible. Appellants agitating that extended period cannot be invoked and penalties cannot be imposed in this case as contrary judgments on admissibility of Cenvat credit on disputed items were existing during the relevant period. - Held that - In this case ITC Ltd. vs. CCE, Salem [2013 (1) TMI 555] this is an issue of interpretation as to whether the assessees are entitled to credit or not therefore, extended period of limitation is not invocable in view of this observation, demand is restricted to the normal period of limitation as discussed above. So far as imposition of penalty upon the appellant is concerned, it is observed that the issue of admissibility of Cenvat credit on disputed items was subject matter of litigation and several decisions were in favour of the litigants. Under these circumstances, no penalty under Rule 15(2) of the Cenvat credit Rule, read with Sec. 11AC of the Central Excise Act, 1944, is attracted in the present proceedings.
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