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2016 (5) TMI 992 - AT - Central ExciseExtended period of limitation - Demand of consequential duty and imposition of penalty - Denial of discount - Non-compliance of prescribed condition of Notification No. 245/83 - Appellant while claiming the discount of the price list have withheld vital information in as much as they have not submitted the documents showing the medicines has been specified in the DPCO 1987 and not declared at the footnote of the price list that the medicines figured in DPCO - Held that:- Member (J) found that there is no suppression of the fact on the part of the appellant in as much as they have correctly declared all the details required in their price lists. Therefore it was only normal period of one year available to the department to re-open the approval of price list which the department failed to do so and therefore entire demand raised for the extended period is time barred. Member (T) held that in absence of evidence to substantiate the claim that the prices are approved under DPCO, the assertion made on the price list submitted to revenue under Central Excise Law amounts to mis-declaration with intent to fraudulently avail the exemption. Therefore, the extended period of limitation has been rightly invoked. Difference of opinion - The Registry is directed to put up the file before the Hon'ble President to resolve the issue, by reference to a third Member.
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