https://www.taxtmi.com/caselaws?id=264547 Extended limitation under excise law cannot be invoked for disallowance of CENVAT credit unless there is positive evidence of suppression of facts, wilful misstatement, or intent to evade duty. Mere wrong availment of credit is insufficient, and where the credit is disclosed in periodical returns the department is on notice to examine admissibility. In the absence of such evidence of concealment, the extended period fails to apply and the demand becomes time-barred. The discussion therefore states that disclosure in regular returns ordinarily defeats invocation of the extended limitation period, with the credit dispute decided in favour of the assessee on limitation. en-us Tue, 30 Jun 2015 00:00:00 +0530 Sat, 26 Sep 2015 00:19:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=264547 Extended limitation under excise law cannot be invoked for disallowance of CENVAT credit unless there is positive evidence of suppression of facts, wilful misstatement, or intent to evade duty. Mere wrong availment of credit is insufficient, and where the credit is disclosed in periodical returns the department is on notice to examine admissibility. In the absence of such evidence of concealment, the extended period fails to apply and the demand becomes time-barred. The discussion therefore states that disclosure in regular returns ordinarily defeats invocation of the extended limitation period, with the credit dispute decided in favour of the assessee on limitation. Case-Laws Service Tax Tue, 30 Jun 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=264547