https://www.taxtmi.com/caselaws?id=213314 The Bombay HC considered whether the foundational requirement of intent to evade duty, relevant to Section 11AC of the Central Excise Act and the extended limitation period, had been properly examined. The assessee's defence was that clearance of inputs and capital goods on a loan basis did not indicate evasion because the duty impact would have been offset through immediate Modvat credit within the group. The Tribunal had not independently addressed that specific plea and had only made a general observation on contravention. The matter was therefore remanded for fresh adjudication on intent to evade duty. en-us Tue, 07 Jun 2011 00:00:00 +0530 Fri, 08 Mar 2013 11:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=213314 The Bombay HC considered whether the foundational requirement of intent to evade duty, relevant to Section 11AC of the Central Excise Act and the extended limitation period, had been properly examined. The assessee's defence was that clearance of inputs and capital goods on a loan basis did not indicate evasion because the duty impact would have been offset through immediate Modvat credit within the group. The Tribunal had not independently addressed that specific plea and had only made a general observation on contravention. The matter was therefore remanded for fresh adjudication on intent to evade duty. Case-Laws Central Excise Tue, 07 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=213314