https://www.taxtmi.com/caselaws?id=81762 Recovery of proforma credit under Rule 56A for the pre-amendment period was held subject to the applicable limitation for recovery proceedings, so a show-cause notice issued about six months after the shortage was intimated and verified was time-barred. The demand for Rs. 63,900 and the penalty of Rs. 250 were also found unsustainable because the assessee's explanation that the alleged shortage of Rock Phosphate had been consumed in excess Super Phosphate production was not rebutted, and the department made no contrary investigation. On that basis, the assessee received the benefit of doubt and the recovery and penalty were set aside. en-us Wed, 15 Jan 1992 00:00:00 +0530 Tue, 28 Jun 2011 16:54:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=81762 Recovery of proforma credit under Rule 56A for the pre-amendment period was held subject to the applicable limitation for recovery proceedings, so a show-cause notice issued about six months after the shortage was intimated and verified was time-barred. The demand for Rs. 63,900 and the penalty of Rs. 250 were also found unsustainable because the assessee's explanation that the alleged shortage of Rock Phosphate had been consumed in excess Super Phosphate production was not rebutted, and the department made no contrary investigation. On that basis, the assessee received the benefit of doubt and the recovery and penalty were set aside. Case-Laws Central Excise Wed, 15 Jan 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=81762