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2015 (10) TMI 1101 - HC - Central ExciseDuty demand u/s 11A - Invocation of extended period of limitation - Held that:- Show cause notice was issued to the assessee on 22.04.2003 i.e. beyond the period of one year from the date of clearance of excisable goods invoking proviso to Section 11A of the Act, and the extended period of five years was made applicable. Extended period would apply only in cases where there is suppression of material facts, collusion or any willful mis-statement, etc. made by the assessee. In the instant case, the finding of the Tribunal is categorical that since respondent-company filed all the relevant declarations there was no suppression of the facts. We find that no question as such was raised making an issue that findings recorded by the Tribunal are perverse and based on no material. No material as such was placed before us to take a contra view. It is well-settled that the Tribunal is the last fact finding authority and the High Court is required to accept the findings recorded by the Tribunal except where there is a specific challenge to the findings raising any questions of perversity supported by relevant material. Hence, we see no ground to interfere with the well-reasoned order passed the Tribunal. - Decided against Revenue.
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