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    <title>2014 (12) TMI 1089 - CESTAT KOLKATA</title>
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    <description>Departmental knowledge does not by itself defeat the extended limitation period under section 11A where the assessee withholds material clearance details and the relevant data is obtained only through search and investigation. On those facts, the demand was treated as within time. Penalty under section 11AC and Rule 173Q was also upheld because the non-disclosure of clearance particulars supported a finding of suppression and intent to evade duty. The objection that the demand was inflated by not adopting cum-duty valuation failed because the show-cause notice already proceeded on a cum-duty basis. The belated claim for modvat credit was rejected as it had not been raised earlier and could not be verified after a long lapse of time.</description>
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    <pubDate>Fri, 17 Oct 2014 00:00:00 +0530</pubDate>
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      <title>2014 (12) TMI 1089 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=254746</link>
      <description>Departmental knowledge does not by itself defeat the extended limitation period under section 11A where the assessee withholds material clearance details and the relevant data is obtained only through search and investigation. On those facts, the demand was treated as within time. Penalty under section 11AC and Rule 173Q was also upheld because the non-disclosure of clearance particulars supported a finding of suppression and intent to evade duty. The objection that the demand was inflated by not adopting cum-duty valuation failed because the show-cause notice already proceeded on a cum-duty basis. The belated claim for modvat credit was rejected as it had not been raised earlier and could not be verified after a long lapse of time.</description>
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      <pubDate>Fri, 17 Oct 2014 00:00:00 +0530</pubDate>
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