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2009 (5) TMI 492 - AT - Central ExciseDemand- Limitation Period- The appellants are manufactures of pharmaceutical products. They entered into an agreement with another company for the manufacture and supply of certain medicines. There was a finding that there was an intention to evade payment of duty in a very deliberate manner. Consequently the lower authority apart from confirming the demand of Rs.8,00,000/-, imposed the penalty of Rs.8,00;000/- under Section 11AC, in addition to penalty of Rs. 50,000/- under Rule 25 of Central Excise Rules, 2001/2002 on the appellants. The appellants approached the Commissioner (Appeals). The Commissioner (Appeals) upheld the order of the original authority. Therefore the appellants are aggrieved over the Impugned order and have come before this Tribunal for relief. Held that- we find that the appellants had filed the declarations regarding price reduction after the transfer of technical know-how and also the manufacturing agreement. In such circum stances, it cannot be said that there was suppression of facts with an intent to evade duty. Therefore the said order has become final. In view of all the above points, we do not find any merit in the impugned order. There fore we set aside the same and allow the appeal with consequential relief, if any.
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