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2014 (2) TMI 586 - AT - Central ExciseExcisability - Manufacture - dispute regarding manufacturer - demand imposed in relation to availing the facility of Cenvat credit of duty paid on the furnace oil used in the manufacture of electricity - Held that:- no reversal liability of Cenvat credit would arise in respect of assessee where no separate accounts are being maintained in case of fuel which is being used for dutiable as also for exempted final product. If the expert bodies, judicial as well as quasi judicial, have interpreted the law in favour of the assessee, the assessee cannot be held guilty of any suppression or mis-statement etc. Inasmuch as the show cause notice stand issued by invoking the longer period of limitation, I hold that demand is barred by limitation - Following decision of M/s. Diamond Cements Ltd. Versus Commissioner of Central Excise Bhopal [2012 (6) TMI 73 - CESTAT, NEW DELHI] - longer period of limitation was not available to the Revenue. Consequently, the imposition of penalty upon them would not be justified. However, inasmuch as a part of the demand would fall within the limitation period, the matter is being remanded for quantification of the same - Decided in favour of assessee.
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