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2019 (6) TMI 624

..... change of opinion - HELD THAT:- Such PDC receipts have been received and properly accounted for and duly disclosed since 2007-2008, which period was audited in the earlier audit conducted in November, 2008. However, no such objection was taken by the Revenue at that time. Thus, the present show cause notice, pursuant to the subsequent audit, is only by way of change of opinion on the part of the R .....

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..... appellant is a manufacturer of explosives. In the course of their business, they have to supply the appropriate explosives as per the requirement of the client with respect to the minerals and the Geo Technical Composition of the particular site. The appellant have disclosed the receipt of such Product Development Charges under the head other receipts in their final account. Balance sheet. There w .....

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..... sel points out from para 6 of the show cause notice, wherein it is alleged that the appellant has knowingly suppressed the facts from the Department regarding the receipt of the PDC during the period 2008-2009 to 2010-2011 from the customers with intent to evade the central excise duty leviable thereon. The matter has come up to the knowledge of the Department, during the course of audit of the re .....

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..... the findings recorded in the impugned order. He further points out from the copy of the Audit Report of 2010 that the said Audit Report relates to the period 2008-2009 and 2009-2010. Hence, accordingly, Revenue could know about the said Product Development Charges only pursuant to the Audit Report and hence, the extended period of limitation has been rightly invoked. 7. Ld. AR also relies on the .....

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..... that time. Thus, we find that the present show cause notice, pursuant to the subsequent audit, is only by way of change of opinion on the part of the Revenue. 9. Accordingly, we hold that invocation of extended period of limitation is not available to the Revenue on the basis of the change of opinion on the same facts and circumstances. Accordingly, we hold that the show cause notice to be not mai .....

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