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2008 (7) TMI 434 - HC - Central ExciseDemand - Limitation - Extended period - Held that:- Whether in light of facts which have come on record any willful misstatement or suppression of facts can be ascribed to the respondent assessee is the question. The fact that in similar fact situation, the stand of respondent assessee was supported by three decisions of Tribunal till 9-12-2005 when the Larger Bench of the Tribunal decided the issue, itself would indicate that the position of law was not free from doubt and if the assessee adopted one modality for claiming exemption on the basis of decisions favouring the assessee, the charge as to willful misstatement or suppression of facts cannot be sustained. The finding of Tribunal referred to hereinbefore indicates that there was no information available on record to show that respondent assessee had made any attempt to keep away any vital information from the department. In the aforesaid set of facts and circumstances of the case, it is apparent that the impugned order of Tribunal is based on appreciation of facts and evidence on record. In light of the position of law declared subsequently no infirmity can be found in the said order. No question of law arises.
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