https://www.taxtmi.com/caselaws?id=125655 Revenue-neutral stock transfers to a sister unit did not justify invocation of the extended limitation period or equal penalty where the assessee had regularly filed returns and disclosed information to the department. Because the duty paid at one unit was available as Cenvat credit to the other, the demand lacked a basis for alleging suppression or intent to evade duty. In the absence of wilful suppression or fraudulent intent, the proviso to Section 11A could not be applied and penalty under Section 11AC was not sustainable. The appeal was allowed with consequential relief. en-us Mon, 13 Oct 2008 00:00:00 +0530 Tue, 29 Aug 2017 10:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=125655 Revenue-neutral stock transfers to a sister unit did not justify invocation of the extended limitation period or equal penalty where the assessee had regularly filed returns and disclosed information to the department. Because the duty paid at one unit was available as Cenvat credit to the other, the demand lacked a basis for alleging suppression or intent to evade duty. In the absence of wilful suppression or fraudulent intent, the proviso to Section 11A could not be applied and penalty under Section 11AC was not sustainable. The appeal was allowed with consequential relief. Case-Laws Central Excise Mon, 13 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=125655