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    <title>1998 (12) TMI 246 - COMMISSIONER OF CUSTOMS &amp; CENTRAL EXCISE (APPEALS)</title>
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    <description>The extended limitation period under the proviso to Section 11A of the Central Excise Act, 1944 was not available because the Department had already issued an earlier show cause notice disclosing the same manufacturing process and facts without alleging suppression. On that record, the later notice could not plausibly rely on ignorance of the activity or on wilful suppression to enlarge the limitation period. As the demand was raised beyond the normal six-month period, it was time barred. With the foundation for penalty equally absent, no penalty could be sustained against the assessee.</description>
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      <title>1998 (12) TMI 246 - COMMISSIONER OF CUSTOMS &amp; CENTRAL EXCISE (APPEALS)</title>
      <link>https://www.taxtmi.com/caselaws?id=90815</link>
      <description>The extended limitation period under the proviso to Section 11A of the Central Excise Act, 1944 was not available because the Department had already issued an earlier show cause notice disclosing the same manufacturing process and facts without alleging suppression. On that record, the later notice could not plausibly rely on ignorance of the activity or on wilful suppression to enlarge the limitation period. As the demand was raised beyond the normal six-month period, it was time barred. With the foundation for penalty equally absent, no penalty could be sustained against the assessee.</description>
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      <pubDate>Fri, 04 Dec 1998 00:00:00 +0530</pubDate>
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