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2017 (6) TMI 905 - HC - Central ExciseExtended period of limitation - penalty - case of Revenue is that the impugned goods were neither input, nor capital goods and, therefore, the assessee had deliberately taken credit by indulging in willful misstatement or suppression of facts - Held that: - In the present case, there was no suppression or misrepresentation in respect of availment of CENVAT credit and, therefore, this Court is of the considered opinion that in the light of the judgment delivered by the Division Bench of Gujarat High Court in the case of Commissioner Vs. Dynamic Industries Ltd. [2014 (8) TMI 713 - GUJARAT HIGH COURT], the Tribunal was justified in remanding the matter back and holding that mandatory equal penalty and extended period of 5 years are not attracted - appeal dismissed - decided against Revenue.
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