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    <title>2016 (12) TMI 81 - CESTAT MUMBAI</title>
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    <description>An exemption for lightweight concrete building blocks was applied on the basis of common parlance because the notification did not incorporate Indian Standard specifications; goods sold and accepted as such in trade therefore qualified for the exemption. The demand was also held time barred because the assessee had disclosed the product consistently in invoices and returns, leaving no suppression to justify invocation of the extended limitation period under central excise law. Once the principal demand failed on merits and limitation, personal penalty on the partner under Rule 26 and the refusal of refund of the investigation deposit could not be sustained, as the amount was not payable as duty.</description>
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      <link>https://www.taxtmi.com/caselaws?id=335436</link>
      <description>An exemption for lightweight concrete building blocks was applied on the basis of common parlance because the notification did not incorporate Indian Standard specifications; goods sold and accepted as such in trade therefore qualified for the exemption. The demand was also held time barred because the assessee had disclosed the product consistently in invoices and returns, leaving no suppression to justify invocation of the extended limitation period under central excise law. Once the principal demand failed on merits and limitation, personal penalty on the partner under Rule 26 and the refusal of refund of the investigation deposit could not be sustained, as the amount was not payable as duty.</description>
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