https://www.taxtmi.com/caselaws?id=100336 Extended limitation could not be invoked where the assessee had disclosed the goods as textile softeners and finishing agents, the department had sought and received information over time, and the material facts, including use, were within departmental knowledge; the earlier demand was therefore time-barred, while the demand within the normal limitation period remained payable. Penalty also could not survive once the products were treated as finishing agents and no deliberate suppression or contumacious conduct was established; the penalty was set aside. The commentary thus states that disclosure of material facts defeats suppression-based limitation and removes the foundation for penalty in the absence of wilful evasion. en-us Mon, 14 Feb 2000 00:00:00 +0530 Wed, 01 Feb 2012 10:26:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100336 Extended limitation could not be invoked where the assessee had disclosed the goods as textile softeners and finishing agents, the department had sought and received information over time, and the material facts, including use, were within departmental knowledge; the earlier demand was therefore time-barred, while the demand within the normal limitation period remained payable. Penalty also could not survive once the products were treated as finishing agents and no deliberate suppression or contumacious conduct was established; the penalty was set aside. The commentary thus states that disclosure of material facts defeats suppression-based limitation and removes the foundation for penalty in the absence of wilful evasion. Case-Laws Central Excise Mon, 14 Feb 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100336