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    <title>2007 (12) TMI 89 - CESTAT, CHENNAI</title>
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    <description>Extended limitation under the Central Excise Act could not be invoked where departmental officers had already visited the factory and knew the material facts, yet the show-cause notice was issued much later without evidence of continuing investigation or proved suppression. As the demand of differential duty was therefore time-barred, it could not be sustained, and the penalty based on that disputed demand also failed. The document further notes that repacking became excisable only after insertion of Note 5 in Chapter 38 of the First Schedule to the Central Excise Tariff Act, but that change did not justify invoking suppression on the facts recorded.</description>
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    <pubDate>Thu, 27 Dec 2007 00:00:00 +0530</pubDate>
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      <title>2007 (12) TMI 89 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=3995</link>
      <description>Extended limitation under the Central Excise Act could not be invoked where departmental officers had already visited the factory and knew the material facts, yet the show-cause notice was issued much later without evidence of continuing investigation or proved suppression. As the demand of differential duty was therefore time-barred, it could not be sustained, and the penalty based on that disputed demand also failed. The document further notes that repacking became excisable only after insertion of Note 5 in Chapter 38 of the First Schedule to the Central Excise Tariff Act, but that change did not justify invoking suppression on the facts recorded.</description>
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      <pubDate>Thu, 27 Dec 2007 00:00:00 +0530</pubDate>
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