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2017 (12) TMI 161 - AT - Central ExciseCENVAT credit of CVD - denial on the ground that in terms of Para 4.3.5 of the Exim Policy the cenvat credit of CVD paid through DEPB is not eligible for credit - Held that: - we find that once the para 4.3.5 was amended to remove the lines which denied credit of CVD paid through DEPB, the Appellant are eligible to avail cenvat credit - in case of seven bills of entry pertaining to period post 28.01.2004, there was no restriction in the law to avail the cenvat credit of CVD paid through debit in DEPB. Hence there is no reason to disallow credit for the said period - the period post 28.01.2004 when the prohibition was removed the cenvat credit cannot be denied and hence available to the Appellant - in case of bills of entry post 28.01.2004 the cenvat credit is available to the Appellant on merit. Extended period of limitation - Held that: - In case of Bills of entry of period prior to 28.01.2004 we find that the show cause notice does not brings out any malafide intention on the part of the Appellant to avail ineligible credit. Even the issue involved is of interpretation and no malafide can be alleged - the demands for the period prior to 28.01.2004 involving two bills of entry in the present case are hit by limitation and the demand is not sustainable. Appeal allowed - decided in favor of appellant.
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