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2019 (4) TMI 583 - AT - Central ExciseValuation - goods cleared from factory to the depot - Rule 7 of the Central Excise (Valuation) Rules, 2000 - period April 2005 to November 2006 - suppression of facts or not - Held that:- The allegation of suppression raised in the show-cause notice is based on the audit objection and no specific grounds have been alleged for raising the ground of suppression. The demands raised based only on audit objection cannot be presumed ipsofacto to have been made on the basis of suppression. From the records, it is also seen that the appellant has taken all reasonable care by obtaining a legal opinion for guidance of the practice to be adopted, at the time of opening the new depot. The substantial part of the demand amounting to ₹ 3,21,715/- falls within the extended period of limitation and will be liable to be held as hit by time bar. For the remaining demand amounting to ₹ 21,403/- falling within the normal period of limitation, the same stands conceded by the appellant and the same is upheld - appeal allowed in part.
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