Limitation and extended period dispute remanded where a verification report suggesting departmental knowledge was not considered.

The Tribunal treated the merits dispute as settled against the assessee, but held that the limitation plea required fresh examination because the verification report dated 30.08.2007, said to show departmental knowledge of the exemption claim, had not been considered by the lower authorities. As that material document was neither produced nor dealt with at adjudication, the question whether the extended period could be invoked could not be finally determined on the existing record. The impugned order was therefore set aside to that extent, and the limitation issue was remanded to the adjudicating authority for reconsideration.

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Issues: Whether the demand required reconsideration on limitation in view of the verification report obtained at the time of registration and the appellant's plea that there was no suppression of facts, warranting remand to the adjudicating authority.

Analysis: The substantive dispute on merits was treated as settled against the assessee. The Tribunal focused on the limitation plea and noted that the verification report dated 30.08.2007, relied upon by the appellant to show departmental knowledge of the exemption claim, had not been considered by the lower authorities. Since this material document was neither produced nor dealt with at the adjudication stage, the question whether the extended period could be invoked required fresh examination.

Conclusion: The limitation issue was remanded for reconsideration by the adjudicating authority, and the impugned order was set aside to that extent.

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