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2010 (9) TMI 931 - CESTAT MUMBAIExtended period of limitation - suppression of facts - intent to evade - penalty u/s 11AC of the Central Excise Act, 1944 - Held that:- The present show cause notice is issued on the basis of the Supreme Court’s decision, in the case of COMMISSIONER OF C. EX., BHUBANESHWAR-II VERSUS IFGL REFRACTORIES LTD. [2005 (8) TMI 112 - SUPREME COURT OF INDIA], which is in favour of the Revenue - In these circumstances, the allegation of suppression with intend to evade duty is not sustainable. Invocation of extended period of limitation is not sustainable - imposition of penalty under Section 11AC is not sustainable and set aside - appeal allowed - decided in favor of appellant.
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