https://www.taxtmi.com/caselaws?id=119299 The extended period of limitation under central excise law could not be invoked where the Department already had access to the assessee's records and audit trail, and there was no material showing wilful suppression or intent to evade duty. On that basis, the demand was confined to the normal period only. The consequential penalty under Section 11AC of the Central Excise Act, 1944 read with Rule 173Q of the Central Excise Rules, 1944 also failed because the foundation of suppression and deliberate evasion was absent. Revenue neutrality and availability of Modvat credit further weakened any inference of mens rea, and the penalty was set aside. en-us Fri, 23 Jul 2004 00:00:00 +0530 Tue, 10 Jul 2012 12:37:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119299 The extended period of limitation under central excise law could not be invoked where the Department already had access to the assessee's records and audit trail, and there was no material showing wilful suppression or intent to evade duty. On that basis, the demand was confined to the normal period only. The consequential penalty under Section 11AC of the Central Excise Act, 1944 read with Rule 173Q of the Central Excise Rules, 1944 also failed because the foundation of suppression and deliberate evasion was absent. Revenue neutrality and availability of Modvat credit further weakened any inference of mens rea, and the penalty was set aside. Case-Laws Central Excise Fri, 23 Jul 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119299