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2016 (2) TMI 764 - AT - Central ExciseDenial of cenvat credit with regard to the disputed goods - Held that:- In the case of Mastech Technologies Pvt. Ltd. (2013 (5) TMI 241 - CESTAT NEW DELHI), this Tribunal has held that steel items used for fabrication of gantry rails on which EOT Crain runs, would be eligible for cenvat credit as input. In view of the decision in favour of eligibility of cenvat credit on the disputed goods, there is possibility on the part of the appellant to entertain the bonafide belief that credit is eligible to the appellant. Therefore, issuance of show cause notice in this case should be confined to a period of one year from the date of taking of such credit. Since, in this case the show cause notice has been issued beyond the period of one year, it is of the view that the same is barred by limitation of time. There is no specific allegation levelled against the appellant concerning fraud, collusion, suppression etc. with intent to evade payment of duty, it is of the considered opinion that the extended period of limitation cannot be invoked for denial of cenvat benefit to the appellant. - Decided in favour of assessee.
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