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2017 (6) TMI 810 - AT - Central ExcisePenalty - Interpretation of statute - N/N. 8/2003-CE dt. 1.3.2003 - amendment carried out in the notification w.e.f. 1.4.2003 - short payment of duty - extended period of limitation - Held that: - no valid reason has been cited for invoking the suppression clause of Section 11A - the appellant has been filing periodical returns in Form E.R-1 to the department and hence the grounds of suppression cannot be alleged against the appellant. In any case, the amendment to N/N. 8/2003 resulted in significant change in the method of computing aggregate value of clearance of excisable goods for home consumption. In view of this major change, that there were doubts and uncertainties in the financial year preceding the month. Penalties set aside - demand of duty with interest upheld - appeal allowed - decided partly in favor of assessee.
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