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2016 (2) TMI 1030 - AT - Central ExciseCenvat credit - MS Ingots - Interest - Penalty - The allegation in the show cause notice is that credit has been availed without proper documents - Held that: - As the issue whether they could take credit on MS items was being contested by them for the periods May, 2005 to December, 2008 and August, 2009 to April, 2010, they informed the department that they are not bound to reverse the credit. They thus took credit after informing the department about their intention. It is only thereafter that the present show cause notice is issued alleging that suo motu taking of credit is not legal or proper. It has also to be mentioned that appellant took re-credit within a period of about two months. In the peculiar facts presented by this case, the credit having been reversed as per the letter issued by department, there would be no impediment in taking re-credit of the same - Appeal allowed.
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