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Central Excise - Highlights / Catch Notes

Home Highlights July 2017 Year 2017 This

Extended period of limitation - the expression "suppression of ...


Extended Limitation Period Needs Evidence of Fraud or Collusion, Not Just Non-Disclosure Without Legal Obligation.

July 4, 2017

Case Laws     Central Excise     HC

Extended period of limitation - the expression "suppression of facts", has to take colour from the words whose company, it appears in. A mere non-disclosure of information, when there is no obligation in law to furnish the same, will not amount to, in our opinion, fraud or collusion or even, wilful misstatement and, hence, trigger the extended period of limitation. - HC

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