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    <title>2017 (7) TMI 88 - CESTAT NEW DELHI</title>
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    <description>Modvat credit reversal and consequential penalty were found to be barred by limitation because the disputed credit was taken on gate passes pre-authenticated by the jurisdictional excise authorities and verified with RT-12 returns, putting the department on notice of the relevant facts during the material period. As the show cause notice was issued nearly three years after the relevant date and proceedings had to be commenced within the normal limitation period, the demand and penalty could not be sustained. The impugned order was set aside, and the assessee succeeded solely on limitation without examination of the merits.</description>
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      <link>https://www.taxtmi.com/caselaws?id=344976</link>
      <description>Modvat credit reversal and consequential penalty were found to be barred by limitation because the disputed credit was taken on gate passes pre-authenticated by the jurisdictional excise authorities and verified with RT-12 returns, putting the department on notice of the relevant facts during the material period. As the show cause notice was issued nearly three years after the relevant date and proceedings had to be commenced within the normal limitation period, the demand and penalty could not be sustained. The impugned order was set aside, and the assessee succeeded solely on limitation without examination of the merits.</description>
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      <pubDate>Thu, 29 Dec 2016 00:00:00 +0530</pubDate>
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