https://www.taxtmi.com/caselaws?id=90388 Extended limitation for reversal of Modvat credit could not be invoked where the assessee had disclosed the credit availment through returns, gate passes, RG 23 records, and a declaration to the department, so suppression with intent to evade duty was not made out. A show cause notice invoking the five-year period under Rule 57-I was also unsustainable when issued by the Assistant Collector, because the governing instructions required such notices alleging suppression, wilful misstatement or collusion to be issued and decided by the Collector. The duty demand and penalty were therefore set aside. en-us Tue, 15 Apr 1997 00:00:00 +0530 Fri, 07 Oct 2011 11:20:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=90388 Extended limitation for reversal of Modvat credit could not be invoked where the assessee had disclosed the credit availment through returns, gate passes, RG 23 records, and a declaration to the department, so suppression with intent to evade duty was not made out. A show cause notice invoking the five-year period under Rule 57-I was also unsustainable when issued by the Assistant Collector, because the governing instructions required such notices alleging suppression, wilful misstatement or collusion to be issued and decided by the Collector. The duty demand and penalty were therefore set aside. Case-Laws Central Excise Tue, 15 Apr 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=90388