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    <title>2015 (12) TMI 1256 - CESTAT BANGALORE</title>
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    <description>Non-reversal of CENVAT credit on a few common inputs and input services was treated as a bona fide omission where proportionate credit had already been reversed on the major items. Because the appellate authority had dropped penalty on the finding that there was no mala fide intention to evade duty, and that finding had attained finality, the same factual basis could not be used to invoke the extended period of limitation. On the facts, the circumstances relevant to penalty and extended limitation were identical, so the extended period was not available and the demand could not be sustained on that basis.</description>
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      <description>Non-reversal of CENVAT credit on a few common inputs and input services was treated as a bona fide omission where proportionate credit had already been reversed on the major items. Because the appellate authority had dropped penalty on the finding that there was no mala fide intention to evade duty, and that finding had attained finality, the same factual basis could not be used to invoke the extended period of limitation. On the facts, the circumstances relevant to penalty and extended limitation were identical, so the extended period was not available and the demand could not be sustained on that basis.</description>
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