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TMI Blog2015 (9) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... in question. The decision of the Tribunal as affirmed by this Court, is squarely applicable in this case. Consequently, the show cause notice dated 03.06.2011 cannot be sustained and is quashed - Decided in favour of assessee. - Writ Tax No. - 1646 of 2011 - - - Dated:- 15-9-2015 - Hon'ble Tarun Agarwala And Hon'ble Surya Prakash Kesarwani, JJ. For the Petitioner : A. P. Mathur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustries held: Admittedly, a show cause notice was issued on 16 August 2007 beyond the prescribed period of one year but the revenue sought to invoke the extended period of limitation under the proviso to Section 11A (1) of the Act. The Tribunal observed that during the period in question, the assessee had not sold any part of its products to independent buyers and the entire stock was transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e short payment was detected when an audit team visited the premises and examined the records but this, as the Tribunal held, could have been detected even by the jurisdictional Range Officer much earlier. In the circumstances, it was held that there was no suppression of fact or willful misstatement on the part of the assessee and no ground was, therefore, available for invoking the extended peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer of the ER-1 returns, that would have revealed that the assessee had cleared its MS tanks and radiators to the owning company for the manufacture of transformers. This indicated that there was no fraud, collusion, misstatement or suppression of facts. Besides, since the situation was revenue neutral, no intent to evade the payment of duty could be ascribed to the assessee. Once there was no i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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