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2018 (6) TMI 1413 - AT - Central ExciseCENVAT Credit - input services - capital goods - Marine Insurance services - Air Travel Agent’s services - capital goods cleared without being used as such - extended period of limitation - Held that:- This appeal can be disposed of only on the ground of limitation. SCN is issued on 17.05.2016 for the various transactions on availment of CENVAT credit during the period May, 2013 to March, 2015. It is undisputed that the appellants were regular in filing the monthly returns with the authorities. The Audit reports submitted by the Learned Counsel are for period January, 2013 to December, 2013 audited during the period 26.01.2014 and 28.01.2014 and audit reports for January, 2014 to December, 2014 audited on 06.01.2015 - 21.01.2015. The said audit reports did not indicate any of the allegations made in the present show cause notice. It is also seen from the said show cause notice dated 17.05.2016, the basis for issuance of show cause notice is the audit report of the CAG - It is settled law in the case of Commissioner of Central Excise, Bangalore Vs. MTR Foods Ltd., [2012 (10) TMI 165 - KARNATAKA HIGH COURT] wherein, Hon’ble High Court of Karnataka has specifically held that once returns were regularly filed and no objections raised about same in first audit by Revenue Officers and during second audit, objections raised about same, and the said returns indicated availment of CENVAT Credit Rules, the audit party accepted the same, and it is not proper to invoke the extended period. The impugned order is set aside only on the ground of limitation - appeal allowed - decided in favor of appellant.
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