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2019 (3) TMI 776 - AT - Central ExciseCENVAT Credit - partial/ full writing off of inputs - Rule 3(5B) of Cenvat Credit Rules, 2004 - extended period of limitation - validity of SCN - Interpretation of statute - Held that:- The issue is one of interpretation. For reversal of cenvat credit on partial writing down of value of inputs , the provision was introduced only first time by amendment of Rule 3(5B) of Cenvat Credit Rules, with effect from 01.03.2011 - Further, there was no provision prior to 01 March 2013 for recovery of cenvat credit and interest thereon under Rule 3(5B) etc. which was made applicable with effect from 01.3.2013 only, by virtue of Notification No. 3 of 2013-CE(NT) dated 01.03.2013. The notification provides that if the manufacturer of goods or the provider of output service fails to pay the amount payable under sub-rule (5), (5A) and (5B), it shall be recovered, in the manner as provided in Rule 14, for recovery of CENVAT credit wrongly taken. The issue has arisen due to change of opinion on the part of the Revenue, but there is no suppression of facts on the part of the appellants - Further, no amount was due to be reversed under rule 3(5B) on the date of issue of show cause notice. Thus, larger period for limitation can not be invoked and no show cause notice was required to be issued - appeal allowed - decided in favor of appellant.
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