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2017 (5) TMI 333 - AT - Central ExciseTime limitation - suo-moto re-credit taken by assessee - capital goods - N/N. 214/86 - Held that: - appellant have declared their suo moto recredit in their ER1 return and in the Cenvat account and also disclosed the fact before jurisdictional Asstt. Commissioner. The fact of suo moto re-credit was very much in the knowledge of the department. The show cause notice was issued after normal period of one year i.e. on 26-2-2008. As per the facts elaborated above there is no suppression of facts for taking suo moto credit by the appellant, hence demand is clearly time bar - appeal allowed - decided in favor of assessee.
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