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2019 (6) TMI 624 - AT - Central ExciseInvocation of extended period of Limitation - Valuation - inclusion of Product Development Charges (PDC) received in the value of the goods sold to the customers - suppression of facts or not - change of opinion - HELD THAT:- Such PDC receipts have been received and properly accounted for and duly disclosed since 2007-2008, which period was audited in the earlier audit conducted in November, 2008. However, no such objection was taken by the Revenue at that time. Thus, the present show cause notice, pursuant to the subsequent audit, is only by way of change of opinion on the part of the Revenue. The invocation of extended period of limitation is not available to the Revenue on the basis of the change of opinion on the same facts and circumstances - the show cause notice is held to be not maintainable for invocation of extended period of limitation. Appeal allowed - decided in favor of appellant.
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