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    <title>2013 (5) TMI 796 - CESTAT MUMBAI</title>
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    <description>Extended limitation for alleged suppression could not be invoked against the processors because the record did not show that they knew the grey fabrics were overvalued or that the invoices were fake; the demand for June 2002 to November 2002 was therefore time-barred. For exports under rebate, the deemed credit demand could not survive because excess duty on the final product had already reversed the credit, while the December 2002 demand survived only to the extent of actual inflation in value. Duty and related penalties for alleged diversion of bonded goods to M/s. Pristine Exports were unsustainable because the processors had no knowledge of the diversion and duty had already been paid by the other party. Penalties on the merchant exporters and Shri Ashok Khetan were also set aside for want of fitment within the cited penalty provisions.</description>
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    <pubDate>Wed, 01 May 2013 00:00:00 +0530</pubDate>
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      <title>2013 (5) TMI 796 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=170527</link>
      <description>Extended limitation for alleged suppression could not be invoked against the processors because the record did not show that they knew the grey fabrics were overvalued or that the invoices were fake; the demand for June 2002 to November 2002 was therefore time-barred. For exports under rebate, the deemed credit demand could not survive because excess duty on the final product had already reversed the credit, while the December 2002 demand survived only to the extent of actual inflation in value. Duty and related penalties for alleged diversion of bonded goods to M/s. Pristine Exports were unsustainable because the processors had no knowledge of the diversion and duty had already been paid by the other party. Penalties on the merchant exporters and Shri Ashok Khetan were also set aside for want of fitment within the cited penalty provisions.</description>
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      <pubDate>Wed, 01 May 2013 00:00:00 +0530</pubDate>
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