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2010 (3) TMI 536 - AT - Central ExciseDemand - Limitation - The assessee was using a software for computation of duty liability to be discharged at the time of removal of components for making PCBs and that this software had been programmed when the components in question did not attract SAD. The authorities had tentatively concluded that the assessee had knowingly short paid such SAD on components. Thus demand interest and penalty confirmed. Held that - The appellants submitted that the credit of SAD relatable to electronic components removed during the material period was never utilized and they always had credit in excess of Rs. 2.12 crores in their CENVAT account during the material period. This showed that the appellants did not have the intention to avail CENVAT credit wrongly. Therefore, the demand of interest and imposition of penalty were not justified. Demand is barred by limitation and extended period not invokable.
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