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TMI Blog2012 (11) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... Per: S S Kang: 1. Heard both sides. 2. Applicant filed the application for waiver of pre-deposit of duty of Rs.1,15,70,408/-, interest and penalty. The demand is for the period April 2003 to March 2006 and the Show Cause notice is dated 21.10.2010 issued by invoking the extended period of limitation on the ground of suppression with intent to evade payment of duty. 3. Brief facts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e audit para was closed. Subsequently the issue was reopened by Revenue and a Show Cause notice was issued invoking the extended period of limitation. Applicant submitted that the show cause notice was issued in the year 2010 demanding duty even more than five years which is not permissible. The contention is that in response to the audit para applicant filed a detailed reply and the audit para wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs in case there is suppression of facts or contraventions of the Rules with intent to evade payment of duty. 8. In the present case, the Show Cause Notice is issued demanding duty even beyond the period of five years. Further, we find that the Revenue raised an audit objection and the audit para was closed as evident from the letter dated 23.02.2010 and the issue was reopened and the present Sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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