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2019 (1) TMI 495 - AT - Central ExciseCENVAT Credit - capital goods - denial on the ground that the appellant has opted for exemption under Notification No. 50/2003-CE dt. 10.06.2003 w.e.f. 3rd May, 2005 - extended period of limitation - Held that:- For the period prior to 03.05.2005, the appellant was not availing exemption under Notification No. 50/2003 ibid, but paying duty on their final goods. In these circumstances, for the period prior to 03.05.2005, the appellant has rightly availed the Cenvat credit on capital goods - further, when the capital goods have been procured by the appellant, they were manufacturing only and only exempted final goods. In these circumstances, the appellant is not entitled to avail the Cenvat credit on capital goods; therefore, the Cenvat credit availed from 03.05.2005 on capital goods is denied. Extended period of limitation - Held that:- During the period of availment of exemption under Notification No. 50/2003 ibid, the appellant has not intimated to the Department for availment of the Cenvat credit. Unless and until, an investigation was conducted at the end of the appellant, the said availment of the Cenvat credit on capital goods could not be unearth. In these circumstances, we hold that extended period of limitation is rightly invoked. Appeal allowed in part.
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