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    <title>2018 (7) TMI 1371 - MADRAS HIGH COURT</title>
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    <description>Validly availed Cenvat credit could not be reversed merely because the unit later entered an exemption regime; the Court treated such credit as lawfully taken and not dependent on a continuing co-relation with the exempted final product. On limitation and penalty, the record showed no suppression, the Department was already aware of the transactions, and the notice was beyond the permissible period on the accepted facts. The enhanced penalty imposed after remand was also unsustainable because the assessee could not be placed in a worse position in its own appeal absent a cross-challenge by the Revenue. The impugned order was quashed.</description>
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    <pubDate>Fri, 06 Jul 2018 00:00:00 +0530</pubDate>
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      <title>2018 (7) TMI 1371 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=364063</link>
      <description>Validly availed Cenvat credit could not be reversed merely because the unit later entered an exemption regime; the Court treated such credit as lawfully taken and not dependent on a continuing co-relation with the exempted final product. On limitation and penalty, the record showed no suppression, the Department was already aware of the transactions, and the notice was beyond the permissible period on the accepted facts. The enhanced penalty imposed after remand was also unsustainable because the assessee could not be placed in a worse position in its own appeal absent a cross-challenge by the Revenue. The impugned order was quashed.</description>
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