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2015 (12) TMI 1256 - CESTAT BANGALORE

2015 (12) TMI 1256 - CESTAT BANGALORE - TMI - Reversal of proportionate CENVAT Credit - clearance of exempted final products - Held that:- The impugned order of Commissioner (A) dropping the penalty does not stand challenged by the Revenue and as such has attained finality. Inasmuch as the appellate authority has observed that there is no mala fide on the part of the assessee, I find that invocation of longer period is not justified on the said ground itself. It is well settled law the circumsta .....

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ana Wadhwa , Member (J) For the Appellant : Mr Raghavendra B, Adv For the Respondent : Mr S Ilangovan, Dy. Commissioner (AR) ORDER Per Archana Wadhwa The appellants are engaged in the manufacture of dutiable final products as also exempted final products. At the time of clearance of exempted final products, they were reversing the proportionate CENVAT credit availed on common inputs and common input services. However, said reversal was not undertaken by them in respect of gas, iron and inward tr .....

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dit to the smaller extent in respect of oil, gas and inward transportation was on account of their bona fide mistake. They were filing the returns with the Revenue and audits have also taken place during the period in question but the said lapse on their part was never pointed out. As such, he submits that the benefit of limitation should be extended to them inasmuch as there was no malafide on their part. 4. After hearing learned DR, I find that Commissioner (A) has dropped the penalty by obser .....

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