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2014 (3) TMI 829 - AT - Central ExciseDuty demand - Bar of limitation - Held that:- Duty of Rs. 34 lakhs initially paid by the assessee also stands availed as Modvat credit by M/s. Monga Brothers Ltd., there could be no occasion or reason available to adjust their duty liability less by Rs. 80,650/-. As such, it cannot be held that there is any suppression of facts on their part. Otherwise also, we find that the duty was paid by the appellant in the year 2001 whereas the show cause notice questioned the correctness of the cost and was issued in the year 2005. As such, we are of the view that the demand is barred by limitation and the same is not sustainable - Decided in favour of assessee.
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