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2017 (4) TMI 381 - AT - Central ExciseCENVAT credit - inputs written off - appellant claim that as per sub-rule (5B) of Rule 3 of the CCR, 2004, the credit is required to be reversed only in case where the CENVAT Credit in respect of inputs has been taken as written off and shown in the Books of Account, but if the inputs were subsequently used in the manufacture then the credit is admissible - whether the CENVAT Credit in respect of inputs and its value shown in the Books of Account as written off is required to be reversed or otherwise? - Held that: - even for the period prior to insertion of sub-rule (5B) of Rule 3 of the CCR, 2004, this Tribunal in the appellant's own case [2012 (11) TMI 294 - CESTAT, MUMBAI], decided the issue against them and according to the said decision, the appellant is required to reverse the credit on the written off quantity. Extended period of limitation - Held that: - Once, the Tribunal decided the issue against them, it is more reason for the appellant to inform to the Department if they continue the practice of showing the written off quantity in the Balance sheet and not reversing the CENVAT Credit thereon. As per this conduct of the appellant, it is clear case of suppression of facts, therefore, extended period was rightly invoked by the Department - extended period invoked. Penalty u/s 11AC also consequently imposable. Appeal dismissed - decided against assessee.
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