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2017 (1) TMI 606 - AT - Central ExciseValuation - reversal of credit u/r 6(3) (b) of the CENVAT Credit Rules 2002 - extended period of limitation - suppression of facts - Held that: - Mere omission to give correct information is not suppression of facts unless it was deliberate to stop the payment of duty. An incorrect statement or wrong method of computation cannot be equated with willful misstatement - The appellant has submitted details of work order as well as filed the ER-1 returns to the department. It is for the department to conduct scrutiny and call for information from appellant, if not found in order - the department has not been able to establish suppression of facts or willful misstatement with intend to evade payment of duty on the part of the appellant - Invoking extended period is not acceptable in the situation presented by the instant case - demand time barred - appeal allowed - decided in favor of appellant.
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