TMI Blog2010 (11) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... that “the extended period should not have been invoked since the assessee has been filing ER-1 returns regularly and alleged wrong availment of credit was on account of audit objection - These findings are not challenged by the department in this appeal - As per the case of CCE v. Spade Elektro (P) Ltd., the department has not challenged the findings of the lower appellate authority on limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to reverse CENVAT credit of duty paid on input and input service used in the manufacture of exempted product. As the respondent has availed services of goods transportation agency on inputs brought into the respondent s factory and availed input service credit on this service, the respondent is required to reverse proportionate input service credit availed by them on the services which portio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leged wrong availment of credit was on account of audit objection. In other words, when the alleged short payment/wrong availment of CENVAT credit is based on the audit objection, the question of extended period is not available to the department in view of the fact that the alleged short payment/wrongly availment of CENVAT credit was found out only from the records maintained/produced by the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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