Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 2015 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 209 - SC - Central ExciseInvocation of extended period of limitation - Suppression of facts - Assessee only disclosed that they would be clearing sewing thread without mentioning that it is in the form of hanks - Held that:- Appellant has argued that the extended period could not be availed on the facts of this case, but has fairly stated that if the notes to Heading No. 55.08 are to be read, considering the fact that there was no support to the sewing thread manufactured by the appellant, it would not be covered by the exemption Notification which would only apply if goods manufactured fall within the particular Heading mentioned. As it is clear that the sewing thread is not put up on a support, CESTAT is clearly right on merits. Equally, we do not think that there is any ground for interference on the extended period of limitation being applicable inasmuch as CESTAT is again correct in saying that as the declaration and RT 12 returns being vital documents submitted by the respondent (appellant herein) did not mention the vital word "hanks", they suppressed a material fact which, to their knowledge, would not bring their sewing thread within the exemption Notification. - No merit in appeal - Decided against assessee.
|