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2017 (3) TMI 1215 - AT - Central ExcisePSU - CENVAT credit - Methanol - user condition - denial of cenvat credit, wrongly availed by the Appellant on Menthol Catalyst which is an input of Methanol, on the ground that exempted Methanol has not been used in manufacture of fertilizers but in ETP plant - Held that: - the credit availed by the Appellant on the inputs stands reversed. Once the credit of inputs used in exempted goods stands reversed, the demand for reversal of 8%/10% amount of value of exempted goods in terms of Rule 57 AH or Rule 6 of CCR does not sustain. Extended period of limitation - Held that: - the use of Methanol by the Appellant in their ETP plant was in the knowledge of the department - the demands made by invoking extended period are time barred and are not sustainable. Appeal allowed - decided in favor of appellant.
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