TMI Blog2010 (9) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... BHUBANESHWAR-II VERSUS IFGL REFRACTORIES LTD. [2005 (8) TMI 112 - SUPREME COURT OF INDIA], which is in favour of the Revenue - In these circumstances, the allegation of suppression with intend to evade duty is not sustainable. Invocation of extended period of limitation is not sustainable - imposition of penalty under Section 11AC is not sustainable and set aside - appeal allowed - decided in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time bar. 2. The contention of the appellant is that appellants are selling the goods to certain buyers who are having the advance licence. The customers surrendering their advance licences in favour of the appellants. The contention is that as per the decision of the Hon ble Supreme Court this is additional consideration for sale of the goods. The contention is that prior to this decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind that the issue of additional consideration is settled by the Supreme Court in favour of the Revenue by the decision in the case of C.C.E. v. IFGL Refractories Ltd. (supra), earlier to this decision of the Tribunal was in favour of the manufacturer. Further we find that the present show cause notice is issued on the basis of the Supreme Court s decision, which is in favour of the Revenue. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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