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    <title>2009 (1) TMI 388 - CESTAT, MUMBAI</title>
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    <description>Extended limitation under Section 11A remains available where the department had only initial or partial awareness and was still ascertaining material facts such as quantity, valuation and confirmation; the demand was therefore not time-barred. Penalty proceedings under Rule 173Q are not invalid merely because the precise sub-clause is omitted if the notice clearly communicates the contraventions. A bona fide-belief defence fails where contractual terms require duty compliance, no meaningful enquiry was made, and similar goods were treated as excisable. Natural justice is not breached without a request for joint hearing or demonstrated prejudice. The demand and penalty were upheld.</description>
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      <title>2009 (1) TMI 388 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=75146</link>
      <description>Extended limitation under Section 11A remains available where the department had only initial or partial awareness and was still ascertaining material facts such as quantity, valuation and confirmation; the demand was therefore not time-barred. Penalty proceedings under Rule 173Q are not invalid merely because the precise sub-clause is omitted if the notice clearly communicates the contraventions. A bona fide-belief defence fails where contractual terms require duty compliance, no meaningful enquiry was made, and similar goods were treated as excisable. Natural justice is not breached without a request for joint hearing or demonstrated prejudice. The demand and penalty were upheld.</description>
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