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    <title>2010 (7) TMI 169 - Gujarat HIGH COURT</title>
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    <description>Extended limitation could not be invoked where denaturing extra neutral alcohol with di-ethyl phthalate was a statutory requirement in cosmetics manufacture and the department already knew the assessee was producing cosmetics; the omission was not treated as deliberate suppression with intent to evade duty, so the Revenue failed on limitation. The Tribunal&#039;s remand was also upheld because the Assistant Commissioner&#039;s report, relied on in adjudication, had not been supplied, causing prejudice and breach of natural justice; fresh consideration of cross-examination and a decision after reasonable hearing were therefore warranted.</description>
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      <description>Extended limitation could not be invoked where denaturing extra neutral alcohol with di-ethyl phthalate was a statutory requirement in cosmetics manufacture and the department already knew the assessee was producing cosmetics; the omission was not treated as deliberate suppression with intent to evade duty, so the Revenue failed on limitation. The Tribunal&#039;s remand was also upheld because the Assistant Commissioner&#039;s report, relied on in adjudication, had not been supplied, causing prejudice and breach of natural justice; fresh consideration of cross-examination and a decision after reasonable hearing were therefore warranted.</description>
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