https://www.taxtmi.com/caselaws?id=113462 Where the alleged mis-utilisation of Modvat credit was already reflected in RG 23 Part-II registers and there was no concealment, suppression, or failure to disclose material facts, the extended period of limitation could not be invoked; the duty demand was therefore time-barred and unsustainable. As the demand itself failed on limitation, the related allegation of misstatement and evasion could not survive, so penalty under Section 11AC of the Central Excise Act, 1944 was also not sustainable. The appeal succeeded and the demand and penalty were set aside with consequential relief. en-us Thu, 29 Apr 2004 00:00:00 +0530 Sat, 05 May 2012 13:30:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113462 Where the alleged mis-utilisation of Modvat credit was already reflected in RG 23 Part-II registers and there was no concealment, suppression, or failure to disclose material facts, the extended period of limitation could not be invoked; the duty demand was therefore time-barred and unsustainable. As the demand itself failed on limitation, the related allegation of misstatement and evasion could not survive, so penalty under Section 11AC of the Central Excise Act, 1944 was also not sustainable. The appeal succeeded and the demand and penalty were set aside with consequential relief. Case-Laws Central Excise Thu, 29 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113462