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2018 (3) TMI 742 - AT - Central ExciseCENVAT credit - supply of goods to developer of special economic zone - maintenance of separate records u/r 6 of CCR - Held that: - The exclusion provision in rule 6 of CENVAT Credit Rules 2004 is restricted to goods that are cleared for export or such as are deemed to have been exported under the Foreign Trade Policy or any other enactment. In so far as Special Economic Zone Act 2005 is concerned there is no distinction between supply of the goods to a unit or to a developer. Penalty u/s 11AC - Held that: - The decision of the Hon'ble High Court of Andhra Pradesh in the case of Sujana Metals Products Ltd. [2015 (3) TMI 781 - ANDHRA PRADESH HIGH COURT] has held that the scope of amendment to rule 6 of CENVAT Credit Rules, 2004 and its applicability being subject to interpretation precluded the invoking of the extended period of limitation. The ingredients for the extended period of limitation are the same as that justifying the invoking of section 11AC of Central Excise Act, 1944 - penalty set aside. Appeal dismissed - decided against Revenue.
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