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2018 (11) TMI 356 - AT - Central ExciseCENVAT Credit - inputs which were subsequently cleared “as such” to their sister unit without reversal of credit - Rule 3(5) of Cenvat Credit Rules - time limitation - Held that:- The appellant being the public sector undertaking cannot be saddled with any malafide suppression or mis-statement, with intent to evade the payment of duty. In any case the credit required to be reversed by the Appellant was available as credit to their sister units, who could be utilise the same for the payment of duty of excise. Thus leading to a Revenue neutral situation even after the subsequent obtaining of centralised registration, the appellant was paying the entire duty on behalf of the other units. In as much as and admittedly Revenue neutral situation is involved in the present appeal and the appellant is a PSU, the extended period is not invokable - appeal allowed - decided in favor of appellant.
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