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2024 (2) TMI 299 - AT - Central ExciseExtended Period of limitation - 100% EOU - Undervaluation of goods while clearing the goods to DTA and related person Triumph - suppression of facts or not - HELD THAT:- The view taken by the adjudicating authority is agreed that the appellant is not eligible for any adjustment of CVD paid by them (without availing exemption under Notification No. 30/2004-CE), it is to say that this indicates an inference that the appellant had no intention to evade payment of duty. Apart from making a vague allegation that appellant has suppressed facts with intention to evade payment of duty, there is no positive act brought out by the department to show that the appellant has suppressed facts with intent to evade payment of duty. The present Show Cause Notice is for the period 2/2008 to 5/2010. For the earlier period from 2/2005 to 5/2008, the audit team raised an objection as to undervaluation of goods - However, the said objection did not culminate in any proceeding to issue Show Cause Notice after the appellant filed a reply explaining the facts of their case. The department has failed to establish any grounds for invoking the extended period. The issue on limitation is answered in favour of the appellant and against the Revenue. The impugned order is set aside on the ground of limitation - Appeal allowed.
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