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2018 (11) TMI 294 - AT - Central ExciseExtended period of limitation - reversal of Cenvat credit of duty availed in respect of inputs which was subsequently written off in the assessee’s booking account, on account of fact that the same has become obsolete - Held that:- The fact that the appellant’s factory went through an audit, raising an objection of the said fact of written off inputs, as also by appreciating the fact that the appellant is a public sector undertaking and there can be no intent to evade duty, we find favour with the appellant’s submission on the point of limitation. Tribunal in the case of Commissioner of Central Excise, Allahabad Vs Bharat Yantra Nigam Ltd. [2014 (7) TMI 370 - CESTAT NEW DELHI] has observed that unless there is sufficient evidence against a public sector undertaking to establish beyond doubt that a particular activity was being done with an intent to evade duty, the malafide intention cannot be attributed to such public sector undertaking. Appeal allowed on the point of limitation.
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