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2023 (11) TMI 215 - AT - Central ExciseRe-credit of cenvat credit already reversed - capital goods - applicability of provision of Section 11B of CEA - re-credit even as per cenvat credit rules is within the reasonable time or not - N/N. 30/2004-CE dated 09.07.2004 - HELD THAT:- The appellant admittedly had reversed the cenvat credit in the year 2006 and thereafter they claimed the re-credit after almost 7 years i.e. in 2013. Apart from the applicability of Section 11B, we find that even in case of initial credit, whether the appellant is entitled to re-credit after substantial period of 7 years was not examined by the adjudicating authority. The adjudicating authority has only decided the matter that Section 11B is not applicable in the case of re-credit. Even if it is assumed that provision of Section 11B for the purpose of re-credit of Cenvat credit is not applicable but whether the appellant can take the re-credit after 7 years of its reversal. The matter as a whole needs to be reconsidered by the adjudicating authority - Appeal allowed by way of remand.
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