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2016 (3) TMI 303 - CESTAT MUMBAI

2016 (3) TMI 303 - CESTAT MUMBAI - 2016 (334) E.L.T. 696 (Tri. - Mumbai) - Cenvat Credit as per Notification no. 35/2003-CE (NT) - extended period of limitation invoked - reversal of cenvat credit - penalty imposed - Held that:- There is no suppression of any fact or any willful misstatement made by the appellant so as to justify invoking the extended period of limitation, and further the appellant has admitted his mistake and reversed the Cenvat Credit. Further, the contention of the appellant .....

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posed on the appellant and hold that the appellant is liable to pay interest from the date he availed the Cenvat Credit till he reversed the same as per the provisions of Section 11AB of the Central Excise Act. - Decided partly in favour of assessee - Appeal No. E/2094/10-Mum - Final Order No. A/85468/2016-WZB/SMB - Dated:- 29-1-2016 - SS GARG, MEMBER (JUDICIAL) For the Petitioner : Shri Apollo M Moghe, Adv. For the Respondent : Shri Sanjay Hasija, Supdt. (AR) ORDER PER: SS GARG: This appeal is .....

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T) dated 25.03.2003, CENVAT Credit Rules, 2002 were amended and the facility of Cenvat Credit was extended to textiles covering Chapter 50 to 62. The manner in which Cenvat Credit was to avail was prescribed firstly by the Notification no. 35/2003-CE(NT) dated 10.04.2003 which was amended by another Notification no. 47/2003-CE(NT) dated 17.05.2003. The appellant calculated the permissible Cenvat Credit as per the first Notification no. 35/2003-CE(NT) and have furnished all the details of their a .....

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reference on 30.08.2003 vide RG 23A part II entry no. 671. Thereafter the same fact was also pointed out by the audit party and the Range Supdt. informed the appellant the observation of the audit party vide letter dated 03.03.2005 and thereafter show-cause notice was issued on 28.03.2008, after the expiry of 44 months from the date of the audit. Appellant replied to the show-cause notice and after considering the same, the Adjudicating Authority confirmed the demand and appropriated the same p .....

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ud/collusion or willful misstatement or suppression of facts or contravention of any of the provisions of the Act or the Rules. He further submitted that erroneously availed Cenvat Credit was never utilized for payment of Central Excise duty, and there was always Cenvat Credit balance in the books of accounts of the appellant. He further submitted that the show-cause notice in this case wrongly issued by extending the period of limitation. 4. On the other hand, ld. AR reiterates the findings of .....

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