2012 (10) TMI 165

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....dgment per : N. Kumar, J.]. -  This appeal is by the Revenue challenging the order passed by the Tribunal allowing the appeal filed by the assessee solely on the ground that the very initiation of proceedings was barred by law of limitation. 2. The assessee is a manufacture of Ice-Cream and were availing the benefit of Cenvat credit of duty paid on 'inputs service' of the capital g....

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....d audit was undertaken during the period between May 2003 to August, 2004. The said audit was supervised by the Deputy Commissioner of Central Excise and the audit note also has been signed by him. They did not find anything wrong in the availment of the Cenvat credit. It is only, when the audit took place during September & October, 2004, they noticed this wrong availment of credit and issued a s....

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....hort-levied or short-paid or erroneously refunded. - (1) When any duty of excise has not been levied or paid or has been short-levied or short-paid or (erroneously refunded, whether or not such non-levy or non-payment, short-levy or short payment or erroneous refund, as the case may be, was on the basis of any approval, acceptance or assessment relating to the rate of duty on or valuation of excis....

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....ions of this sub-section shall have effect, [as if for the words (one year), the words "five years" were substituted : Sub-Section (1) of Section 11 provides for a period of one year as the period within which recovery of dues not levied or not paid or short levied or erroneously levied could be recovered. If the case falls under the proviso such as the duty has not been levied by reason of fra....