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TMI Blog2017 (2) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... dit - extended period of limitation - Held that: - The purpose of allowing the credit of duty paid on the capital goods is to reduce the duty burden on the final product and the cascading effect. Admittedly, when the appellant originally took the credit, all the entries were made in their statutory records and all the returns were also filed with their jurisdictional Central Excise authorities and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he credit and in the subsequent year balance 50% was availed. 2. As a result of audit objection, subsequently the appellant was called upon to produce the invoices which they could not produce as the same were lost by them. On account of appellants inability to produce the invoices, the proceedings were initiated against them by way of issuance of show cause notice dated 31-3-2015 by invoking t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could have made inquiries from their counterparts having jurisdiction over the manufactures factory so as to establish the duty paid character of the capital goods. Merely because the invoices were not available after a period of three to four years, cannot be adopted as a ground for denial of credit but when the same original invoices were available at the time of availing credit. He also assail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he lower authorities. As such, I am of the view that matter needs to be remanded for verification of said invoices and in respect of invoices which the appellant has not been able to produce, the other corroborative evidence can be looked into and examined or in the alternative Revenue can make verification from the jurisdictional Central Excise authorities of the capital goods manufacturers and s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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