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TMI Blog2022 (6) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... ave maintained regular books of accounts and records in the normal course of business. Further, they have been subjected statutory audit by the department time to time. On such facts and circumstances, the extended period of limitation is not invokable. Appeal allowed - decided in favor of appellant. - Excise Misc. Application No. 50335 of 2022-SB in Excise Appeal No. 50287 of 2022 - FINAL OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant Commissioner who was pleased to uphold disallowance of Cenvat credit of Rs. 2,76,650/- and was pleased to drop the balance proposed demand of Rs. 2,85,726/-, with further equal amount of penalty was imposed under Rule 15 (2), along with demand of interest. 4. Being aggrieved the appellant had preferred appeal before the Commissioner (Appeals), inter alia on the grounds that the Show cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce was issued for disallowing the Cenvat credit and according to revenue, number of services on which credit was availed did not appear to the input service for the assessee. This Tribunal observing that there have been regular audits of records of the assessee by the department, the fact of availing credit by appellant on various input services, was there for in knowledge of the department. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order. 7. Having considered the rival contentions, I find that the appellant have maintained regular books of accounts and records in the normal course of business. Further, they have been subjected statutory audit by the department time to time. On such facts and circumstances, I hold that extended period of limitation is not invokable. Accordingly, the appeal is allowed, the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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