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2017 (8) TMI 1166 - AT - Central ExciseMODVAT/CENVAT credit - 0.40 mm, 0.50 mm and 0.63 mm coils - extended period of limitation - Held that: - though assessee had shown to the department that they were only using non-modvat products inputs for manufacture of exempted items, in reality, they had used the said modvatted inputs only hence misstated vital facts to the department. We find that these revelations were detected only from private records of assessee and it had come to light only after investigation undertaken by the officers. In the circumstances, while the figures may well have been taken by the departmental officers from records and balance sheet etc. nonetheless, the fact remains that these were not intimated voluntarily by assessee as they were required to, but had to be ferreted out in investigation. There not being any clandestine removal is not a yardstick for determining invocation of extended period of limitation - As correctly found by the adjudicating authority it is obvious that the facts leading to reversal of credit and payment of duty on the dies were not disclosed to the department and were found out only after in depth investigation and verification of private records and therefore there was suppression of relevant information , is a correct finding. We do not find any infirmity in the same - appeal dismissed in toto.
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