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2015 (10) TMI 571 - AT - Central ExciseDisallowance of CENVAT Credit - Penalty under Rule 15(1) of the Cenvat Credit Rules - whether main appellant was eligible to take credit on the basis of cenvatable documents showing payment of duty - Held that:- duty paid on the waste kraft paper was accepted by the officer Incharge of the supplier unit M/s. SPPML. Appellant was not expected to know beyond the facts that inputs they received are covered under a valid duty paying documents. The ratio laid down in the above case laws relied upon by the main appellant is squarely applicable to the facts and circumstances of this case. On merit appellant was eligible to take CENVAT credit. On the issue of time bar, it is observed that the show cause notice was issued on 05.04.2010 for the period March 2005 to March 2007. No evidence could be brought on record that the main appellant and its Director were aware that inputs received was as a result of an activity not amounting to manufacture. The demand issued is clearly time barred as extended period is not imposable in this case and no penalties can be imposed upon the appellant. - Decided in favour of assessee.
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