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2018 (11) TMI 1079 - AT - Central ExciseCENVAT Credit - certain goods purchased which were not used in the manufacture of their final products - Held that:- From perusal of the Show Cause Notice, it is found that there is no allegation of suppression or fraud or misstatement. In fact, the only strongest allegation against the appellant is that the fact of availing ineligible credit came to the knowledge of the Department only after the verification conducted by the internal audit wing of the Department on 03.01.2013 and 04.01.2013, which had been duly reciprocated in good faith by the appellant by accepting and filing its December 2012 ER-1 return which remains undisputed. Extended period of limitation - Held that:- The appellant had reversed the unutilized CENVAT Credit since it is nowhere disputed, either in the Show Cause Notice or in the Order-in-Original or in the impugned Order as to the availability of excess CENVAT Credit - invocation of extended period not justified. Both Interest u/s 11AA and Penalty u/s 11AC are deleted. Appeal allowed - decided in favor of appellant.
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