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2015 (8) TMI 1053 - SCH - Central Excise
Demand of tax - misstatement and suppression of facts - Invocation of extended period of limitation - Held that - demand for the aforesaid period was time barred as the Department had not taken any action for more than five years - Unit of the respondent was audited during this period several times and there were physical inspections by the Department as well. Therefore, there could not be any case of suppression. - Decided against Revenue.
The Supreme Court dismissed the appeal as the Customs, Excise and Service Tax Appellate Tribunal found that the demand for the period in question was time-barred due to lack of action by the Department for over five years. The Tribunal also noted that the respondent's unit was audited multiple times during the period, with physical inspections conducted by the Department, indicating no suppression.
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