9911796707
TMI Blog2018 (3) TMI 1549X X X X Extracts X X X X X X X X Extracts X X X X ..... that the entire 100% clearance was to their own sister unit who was availing MODVAT credit of duty paid by the present appellant - the entire exercise was revenue neutral in which case the malafide cannot be attributed to appellant - extended period of limitation not invokable - appeal allowed - decided in favor of appellant. - E/1243/09 - A/85576/2018 - Dated:- 7-3-2018 - Mrs. Archana Wadhwa, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid duty accordingly. Subsequent clearances were at ₹ 31.8 per litre. Revenue entertained a view that inasmuch as in April 98, the clearance was on the higher side, the assessable value for the succeeding months has also to be adopted on the higher price. In view of the above, proceedings were initiated against them by way of show-cause notice dated 28 th December 2001 invoking longer perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R. we find that there is no dispute that the entire 100% clearance was to their own sister unit who was availing MODVAT credit of duty paid by the present appellant. As such, the entire exercise was revenue neutral in which case the malafide cannot be attributed to appellant as held as held in the above referred decision. As such we are of the view that invoking longer period of limitation is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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