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    <title>2026 (5) TMI 373 - CESTAT MUMBAI</title>
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    <description>Section 73(3) of the Finance Act, 1994 bars recovery notice where an assessee reverses the liability and informs the Department before notice, and the CENVAT Credit Rules, 2004 provisions were read consistently with that protection. Because the disputed CENVAT credit had already been reversed after audit objection, the notice itself recorded repayment and sufficient balance in the credit account, indicating the amount had not been utilised. On that basis, invocation of the extended period and the equal penalty were not sustainable, and the proposed recovery could not proceed.</description>
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      <title>2026 (5) TMI 373 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=791171</link>
      <description>Section 73(3) of the Finance Act, 1994 bars recovery notice where an assessee reverses the liability and informs the Department before notice, and the CENVAT Credit Rules, 2004 provisions were read consistently with that protection. Because the disputed CENVAT credit had already been reversed after audit objection, the notice itself recorded repayment and sufficient balance in the credit account, indicating the amount had not been utilised. On that basis, invocation of the extended period and the equal penalty were not sustainable, and the proposed recovery could not proceed.</description>
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