https://www.taxtmi.com/caselaws?id=219334 Revenue neutrality does not automatically bar invocation of the extended limitation period under the proviso to Section 11A of the Central Excise Act. The commentary notes that availability of credit to another unit is only one relevant factor and its significance depends on the facts. Where clearance of waste and scrap to a sister unit at a lower price was not disclosed to the Revenue, and no material showed a reasonable belief that disclosure was unnecessary, suppression of material facts supported invocation of the extended period. On that basis, the demand and penalty were sustained and the assessee's appeal failed. en-us Thu, 03 May 2012 00:00:00 +0530 Mon, 10 Dec 2012 14:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=219334 Revenue neutrality does not automatically bar invocation of the extended limitation period under the proviso to Section 11A of the Central Excise Act. The commentary notes that availability of credit to another unit is only one relevant factor and its significance depends on the facts. Where clearance of waste and scrap to a sister unit at a lower price was not disclosed to the Revenue, and no material showed a reasonable belief that disclosure was unnecessary, suppression of material facts supported invocation of the extended period. On that basis, the demand and penalty were sustained and the assessee's appeal failed. Case-Laws Central Excise Thu, 03 May 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=219334