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2016 (3) TMI 159 - AT - Central ExciseValuation - Related party transaction - Applicability of provisions of Rule 4 - clearance of waste and scrap, which originates during the manufacture of final product, without payment of duty - extended period invoked - Held that:- Commissioner (A) has only observed that since there was suppression, the extended period is invocable. However, there is no reference to any positive act on the part of the assessee so as to suppress or misstate the value with an intention to evade payment of duty. As per the learned advocate, they were filing all the requisite statutory returns wherein the entire facts were being disclosed by them. If that be so, then the extended period would not be available to the Revenue. However, the said contention of the learned advocate requires verification. Inasmuch as the matter stands remanded, he would examine the fact of limitation afresh after going through the appellant’s submission and the various documents, etc. said to have been filed by them with the Revenue.
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