2011 (3) TMI 1582 - HC - Central Excise

Summary

Issues:
- Appeal against Tribunal's judgment on the ground of limitation and suppression of information.

Analysis:
1. The appeal before the High Court was against the Tribunal's judgment regarding the invocation of the extended period of 5 years due to alleged suppression of information by the assessee to evade duty payment. The key question was whether the CESTAT was correct in allowing the assessee's appeal based on the limitation issue.

2. Upon reviewing the arguments presented by the appellant and examining the Tribunal's order, the High Court found that the entire question raised was speculative and not supported by facts. The Tribunal had determined that there was no suppression of facts or misstatement that would warrant the application of the extended period of limitation. It was noted that for the relevant period, a permission was required for the removal of goods for job work, indicating that the department was aware of the removal. The Tribunal also highlighted that the permission could only be granted after understanding the manufacturing process, which had been disclosed to the department. Therefore, the High Court concurred with the Tribunal's findings that there was no concealment of information.

3. The High Court emphasized that the Tribunal's conclusion was based on the evidence available on record, and no errors or perversity were identified in the Tribunal's reasoning. Consequently, the High Court held that no substantial question of law arose in the appeal, leading to the dismissal of the appeal against the Tribunal's judgment.

4. Ultimately, the High Court dismissed the appeal, affirming the Tribunal's decision that there was no suppression of information or misstatement justifying the invocation of the extended period of limitation. The judgment underscored the importance of factual findings and upheld the Tribunal's determination based on the material on record.