TMI Blog2016 (9) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... o be at fault. No substantial question of law arises - extended period of limitation was not available - appeal dismissed - decided against appellant. - CEA No. 32 OF 2016(O&M) - - - Dated:- 12-8-2016 - Mr. Rajesh Bindal and Mr. Harinder Singh Sidhu, JJ. For The Appellant : Mr. Sharan Sethi, Advocate for Mr. Amit Goyal, Advocate Rajesh Bindal, J. The revenue has filed the present appeal raising the following substantial questions of law arising out of the order dated 19.08.2015 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short the Tribunal):- (i) Whether the CESTAT was right in dropping the demand towards duty pertaining to the extended period of limitation? (ii) Whether the Hon& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified in setting aside the consequential penalty imposed upon the respondent when the adjudicating authority had held that the respondent had resorted to suppression of facts from the Department during the pertinent period and the same was done with the intention to evade payment of duty and the said finding of the adjudicating authority was not dealt with by the Hon'ble Tribunal? (vii) Whether the Hon'ble Tribunal was justified in setting aside the consequential penalty imposed upon the respondent when the Tribunal had itself held that the amount of sales tax concession retained by the respondent is required to be added in the assessable value and the respondents had intentionally not done so? (viii) Whether the Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here were view taken by the CBEC Circular and this Tribunal in favour of the respondent which has been negated by the Hon'ble Apex Court in the decision cited before us today. In these circumstances, we hold that extended period of limitation is not invokable. Consequently demand pertaining to the extended period of limitation which is sought to be demanded from the respondent are set aside. Consequently, the penalties on the respondents are not imposable. In the aforesaid para, circular dated 30.06.2000 issued by Central Board of Excise and Customs (to be called as 'the Board') providing that any amount of concession on sales tax retained by the assessee is not required to be added in the assessable value and an earlier ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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