2017 (12) TMI 332

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.... Respondent : Mr. Rakesh Sharma, Advocate ORDER Sanjay Karol, Acting Chief Justice (Oral) For certain credits wrongly availed by the assessee, under the provisions of the CENVAT Credit Rules, 2004 (hereinafter referred as the 'Rules'), the revenue in exercise of its power under Section 11A of the Central Excise Act, 1944 (hereinafter referred to as the 'Act'), initiated proceedings with the iss....

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....ee cannot be said to be mala fide or that there is no finding of fact of the assessee having perpetuated fraud, collusion or having made willful mis-statement or suppression of facts, the Assessing Officer could not have exercised his power under Section 11A within the extended period of limitation so provided in terms of the proviso contained therein. 5. We notice that the issue is no longer res....

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....the appellant was seeking, which anybody would have found satisfactory. Only on receiving thus satisfactory reply did the appellant decide to claim exemption. Even if one were to accept the argument that the Development Commissioner was perhaps not the most suitable repository of the answers to the queries that the appellant labored under, it does not take away from the bona fide conduct of the ap....