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2017 (2) TMI 825 - AT - Central ExciseCenvat credit - Capital goods - Penalty - Held that: - I find strong force in the contentions raised by learned Counsel that the show-cause notice dated 13th February 2006 is demanding an interest and penalty for an amount which cannot be confirmed beyond five years - In the case in hand the demand of ineligible CENVAT credit by a show-cause notice dated 13th February 2006 is for a period beyond five years except for two entries. As regards two credit availed within period of five years from show-cause notice, I find that there is no allegation in show-cause notice as the CENVAT credit was availed with intent to evade duty. There could be a genuine error as understanding of the issue, which is fortified from the fact that the amounts were reversed despite not required to do so - Appeal allowed.
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