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    <title>2012 (12) TMI 979 - GUJARAT HIGH COURT</title>
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    <description>Extended limitation under the Central Excise Act could not be used to reopen a genuine transaction where no fraud or collusion was alleged against the assessee and the invoices issued by the registered licencee were genuine. The Gujarat HC treated the controversy as covered by earlier Division Bench authority and held that, in the absence of any allegation that the assessee was party to fraud, the Revenue could not sustain reassessment by invoking the extended period under Section 11A(1). Authorities cited by the Revenue were distinguished because they involved forged documents, proven fraud, or materially different facts. The Tribunal&#039;s order was therefore set aside and the limitation issue was decided in favour of the assessee.</description>
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    <pubDate>Wed, 26 Dec 2012 00:00:00 +0530</pubDate>
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      <title>2012 (12) TMI 979 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=170962</link>
      <description>Extended limitation under the Central Excise Act could not be used to reopen a genuine transaction where no fraud or collusion was alleged against the assessee and the invoices issued by the registered licencee were genuine. The Gujarat HC treated the controversy as covered by earlier Division Bench authority and held that, in the absence of any allegation that the assessee was party to fraud, the Revenue could not sustain reassessment by invoking the extended period under Section 11A(1). Authorities cited by the Revenue were distinguished because they involved forged documents, proven fraud, or materially different facts. The Tribunal&#039;s order was therefore set aside and the limitation issue was decided in favour of the assessee.</description>
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      <pubDate>Wed, 26 Dec 2012 00:00:00 +0530</pubDate>
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