https://www.taxtmi.com/caselaws?id=254890 Extended limitation for suppression of facts requires positive concealment or conscious withholding of information; mere negligence, failure, or a general allegation is insufficient. On the facts described, the assessee had disclosed Cenvat credit in periodical returns and was regularly audited, while the notice and order did not identify any specific suppression or misstatement. In the context of conflicting tribunal views on similar credit and later clarification by a Larger Bench, the allegation that the assessee necessarily knew the credit was inadmissible was not persuasive. The extended period was therefore held not invocable, and the assessee was granted waiver of pre-deposit and stay of recovery pending appeal. en-us Thu, 20 Nov 2014 00:00:00 +0530 Tue, 07 Jul 2015 10:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=254890 Extended limitation for suppression of facts requires positive concealment or conscious withholding of information; mere negligence, failure, or a general allegation is insufficient. On the facts described, the assessee had disclosed Cenvat credit in periodical returns and was regularly audited, while the notice and order did not identify any specific suppression or misstatement. In the context of conflicting tribunal views on similar credit and later clarification by a Larger Bench, the allegation that the assessee necessarily knew the credit was inadmissible was not persuasive. The extended period was therefore held not invocable, and the assessee was granted waiver of pre-deposit and stay of recovery pending appeal. Case-Laws Service Tax Thu, 20 Nov 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=254890