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2010 (12) TMI 433 - HC - CustomsDemand along with penalty and interest - Limitation - Suppression - The respondent-assessee, a 100% EOU, debonded its imported capital goods after obtaining necessary permission from the Development Commissioner - assessee had filed the bill of entry No. OFL/Debonding/01/2003-04, calculating the Basic Customs Duty @ 5% amounting to Rs. 6,90,875/- on the capital goods availing exemption under Notification No. 21/2002-CUS, dated 1-3-2002. - non-mentioning of the serial number under which the goods would fall - Held that: it cannot be said that there was any wilful misstatement or suppression on the part of the assessee so as to invoke the extended period of limitation - The Tribunal, was therefore, justified in holding that the show cause notice was time-barred and that no case was made out for invoking the extended period of limitation - Thus, there being no infirmity in the impugned order of the Tribunal, the same does not give rise to any question of law - Hence, the appeal is accordingly dismissed.
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