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    <title>2026 (1) TMI 781 - CESTAT KOLKATA</title>
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    <description>Denial of Cenvat credit of service tax was unsustainable since the taxpayer had paid the tax, reflected credit in Cenvat accounts and filed periodic returns; therefore extended limitation for concealment/fraud could not be invoked and the demand was time-barred. The reasoning held that credit once legitimately availed on tax paid and utilized in final product cannot be disallowed merely because activity may not amount to manufacture or tax liability was questionable; consequently recovery, interest and penalty were not leviable and refund exercise was not mandatory where credit had been taken.</description>
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    <pubDate>Wed, 07 Jan 2026 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 781 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=785025</link>
      <description>Denial of Cenvat credit of service tax was unsustainable since the taxpayer had paid the tax, reflected credit in Cenvat accounts and filed periodic returns; therefore extended limitation for concealment/fraud could not be invoked and the demand was time-barred. The reasoning held that credit once legitimately availed on tax paid and utilized in final product cannot be disallowed merely because activity may not amount to manufacture or tax liability was questionable; consequently recovery, interest and penalty were not leviable and refund exercise was not mandatory where credit had been taken.</description>
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      <pubDate>Wed, 07 Jan 2026 00:00:00 +0530</pubDate>
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