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    <title>2013 (4) TMI 356 - CESTAT AHMEDABAD</title>
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    <description>Excess Cenvat credit on inputs received from a 100% EOU was reversed before the show cause notice, and the Revenue&#039;s first audit had raised no objection. On those facts, the extended period of limitation was held not invocable, as the dispute surfaced only in a later verification after no initial audit irregularity was found. As the underlying demand could not be sustained for the extended period, the associated interest and penalty under the Cenvat Credit Rules, 2004 and Section 11AC of the Central Excise Act, 1944 also could not survive and were set aside in favour of the assessee.</description>
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      <description>Excess Cenvat credit on inputs received from a 100% EOU was reversed before the show cause notice, and the Revenue&#039;s first audit had raised no objection. On those facts, the extended period of limitation was held not invocable, as the dispute surfaced only in a later verification after no initial audit irregularity was found. As the underlying demand could not be sustained for the extended period, the associated interest and penalty under the Cenvat Credit Rules, 2004 and Section 11AC of the Central Excise Act, 1944 also could not survive and were set aside in favour of the assessee.</description>
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