TMI Blog2008 (5) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... itation, as all the material facts were within the knowledge of the department and there was no justification to allege suppression – therefore, demand and equal amount of penalty imposed u/r 57-I are vacated - E/109/2006/MAS - 527/2008 - Dated:- 29-5-2008 - Shri P. Karthikeyan, Member (T) Smt. R. Bhagya Devi, SDR, for the Appellant. Shri M.N. Bharathi, Advocate, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit involved in the Show Cause Notice dated 5-4-2000 as far back as on 16-7-98. Ld. Consultant invites my attention to a communication from the jurisdictional Range Superintendent dated 16-7-98 addressed to the appellants listing out the amount of irregular Modvat credit availed by KLC prior to 16-7-98. Ld. Consultant submits the Show Cause Notice dated 5-4-2000 invoking the extended period to dem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder which had also imposed penalty of Rs. 25,000/- affirmed in the impugned order on instructions. Ld. SDR reiterates the findings contained in the impugned order and submits that while deciding the Show Cause Notice dated 5-4-2000, the Commissioner had taken into account the amounts hit by limitation. 4. On a careful consideration of the case records and the rival submissions, I find that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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