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2016 (3) TMI 618 - AT - Central ExciseCenvat credit disallowed - credit ordered to be recovered along with interest; mandatory equal penalty was also imposed - Held that:- It is not in dispute that the respondent had been submitting its monthly returns clearly showing availment of the impugned credit. Thus it is incorrect to say that it did not disclose the fact of availment of Cenvat credit on the impugned goods. These returns do not require listing of the goods on which the credit has been taken and therefore the respondent cannot be held guilty of suppression on the ground that it had not listed the goods on which credit was taken in the monthly return. No provision of law has been brought to our notice by ld. DR which requires the respondent to give list of goods on which credit is taken. The allegation relating to wilful mis-statement / suppression of acts is not sustainable and consequently extended period and mandatory penalty are not invocable. Allow the appeal by way of remand to the primary adjudicating authority for de novo adjudication with the following direction/observations -(i) Cenvat credit is not admissible in respect of the impugned goods, (ii) Extended period of 5 years and mandatory equal penalty are not attracted. and (iii) The de novo adjudication should therefore be confined to only normal period of one year.
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