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    <title>2005 (8) TMI 167 - CESTAT, BANGALORE</title>
    <link>https://www.taxtmi.com/caselaws?id=54196</link>
    <description>Irregular Modvat credit was held time-barred because the longer limitation period could not be invoked without fraud or a fraudulent motive. The Tribunal noted that the earlier final order had omitted the limitation issue, and that the same absence of fraud had already supported setting aside the penalty. Since the credit was taken on 12-8-1992 and the show cause notice was issued on 11-1-1994, the demand fell outside the permissible period and was set aside in rectification proceedings. The rectification application was allowed to that extent.</description>
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    <pubDate>Tue, 09 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 167 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=54196</link>
      <description>Irregular Modvat credit was held time-barred because the longer limitation period could not be invoked without fraud or a fraudulent motive. The Tribunal noted that the earlier final order had omitted the limitation issue, and that the same absence of fraud had already supported setting aside the penalty. Since the credit was taken on 12-8-1992 and the show cause notice was issued on 11-1-1994, the demand fell outside the permissible period and was set aside in rectification proceedings. The rectification application was allowed to that extent.</description>
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      <pubDate>Tue, 09 Aug 2005 00:00:00 +0530</pubDate>
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