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TMI Blog2015 (12) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... rge their obligation as per Rule 11(2) of Cenvat Credit Rules, 2004 but when the appellant filed the declaration for opting the exemption. Now the duty cast on the department to verify whether they have discharged their obligation for availing the exemption or not which was not done by the Revenue within time. Thereafter in 2010, an audit took place and it was came to the knowledge of the departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh, AR ORDER Per Ashok Jindal : The appellant is in appeal against the impugned order wherein duty along with interest and penalty is imposed on the appellant. 2. The facts of the case are that appellant was registered with Central Excise department and availing the Cenvat Credit on inputs and clearing the goods on payment of duty. With effect from 1.4.06 the appellant opted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to demand duty equivalent to the Cenvat Credit reversible by them as on 31.3.2006. The matter was adjudicated. Demand of duty was confirmed without giving credit to the extent Cenvat Credit lying in their account along with interest and equivalent amount of penalty. On appeal learned Commissioner (Appeals) gave the benefit of Cenvat Credit lying unutilized in their account and balance amount of du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Ismail Mills vs. CESTAT, Chennai [ 2015 (315) ELT 404 (Mad)]. 4. On the other hand, learned AR submits that the appellant has not discharged their obligation under Rule 11(2) of Cenvat Credit Rules, 2004 and it came to the notice of the department only when audit took place on 18.3.2010. Thereafter the show cause notice was issued on 5.5.11 which is well within the time of 5 years as the non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling the exemption or not which was not done by the Revenue within time. Thereafter in 2010, an audit took place and it was came to the knowledge of the department that the appellant has not discharged their obligation under Rule 11(2) of Cenvat Credit Rules 2004. Thereafter a show cause notice was issued on 5.5.11 which is also beyond the normal period of limitation. Admittedly in this case, sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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