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2014 (8) TMI 478 - AT - Central ExciseCenvat Credit - Clearance of capital goods as such - evidence - reversal of credit - Invocation of extended period of limitation - Held that:- The authorities have not bothered to look into the date of receipt of capital goods and date of sale of the same, which would enlighten as to whether the capital goods were received without being used or not. Merely because the appellants could not produce the evidence (as they did not attend the personal hearing), the Revenue cannot assume that the capital goods were sold as such. It has to be kept in mind that it is the Revenue who is making the allegations and as such, the onus to show that the goods were cleared as such thus requiring reversal of modvat credit, is on the Revenue. - all the figures have been taken from the balance sheet of the applicant, and as such, at this prima facie stage, it cannot be said that there was any suppression on the part of the applicant. Thus, invocation of longer period was not justified - Stay granted.
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