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    <title>2018 (3) TMI 852 - BOMBAY HIGH COURT</title>
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    <description>Limitation in excise cannot be decided conclusively before the foundational questions of manufacture and duty liability are first determined. Where the Tribunal proceeded on an assumed factual basis and addressed the extended period issue without a complete finding on dutiability, the partial adjudication was found unsatisfactory and the matter was remanded for fresh decision on merits. Penalty was also held unsustainable because the underlying liability and limitation issues had not been conclusively resolved, and that portion of the order was treated as severable and finally set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=357149</link>
      <description>Limitation in excise cannot be decided conclusively before the foundational questions of manufacture and duty liability are first determined. Where the Tribunal proceeded on an assumed factual basis and addressed the extended period issue without a complete finding on dutiability, the partial adjudication was found unsatisfactory and the matter was remanded for fresh decision on merits. Penalty was also held unsustainable because the underlying liability and limitation issues had not been conclusively resolved, and that portion of the order was treated as severable and finally set aside.</description>
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      <pubDate>Mon, 12 Mar 2018 00:00:00 +0530</pubDate>
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