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2012 (8) TMI 860 - AT - Central ExciseCENVAT Credit - Suppression of material facts - Intention to evade duty - Held that:- it had been duly noted by the original authority that the assessee had been filing periodical returns with relevant invoices. The appellate authority also noted this factual position and rejected the Department’s allegation that the assessee had suppressed material facts with intention to evade payment of duty. The documents filed by the learned Superintendent(AR) support this finding of the lower appellate authority. The assessee had been filing returns from month to month indicating therein the CENVAT credit availed on capital goods, inputs etc. The invoices on the basis of which the CENVAT credits were availed were also furnished with these returns. These invoices (copies produced) clearly indicated the correct description of the goods (MS plates, angles, channels etc.) apart from the amount of duty paid thereon. Thus the material facts were duly disclosed to the Department by the assessee. There was no suppression of facts by them, let alone with intention to evade payment of duty - show-cause notice invoked the extended period of limitation without any valid ground. - Decided against Revenue.
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