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    <title>2019 (9) TMI 1187 - CESTAT MUMBAI</title>
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    <description>The Tribunal held that the extended period of limitation was not invocable because there was no suppression or misconduct by the assessee. The assessee had disclosed the foreign franchise service arrangement, had earlier sought clarification from the Department, and the relevant facts were already within departmental knowledge. As the notice was unsustainable on limitation, the consequential demand of interest and the penalties under the Finance Act, 1994 were also set aside. The matter turned on disclosure of facts and the absence of any basis for invoking the extended limitation period.</description>
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      <description>The Tribunal held that the extended period of limitation was not invocable because there was no suppression or misconduct by the assessee. The assessee had disclosed the foreign franchise service arrangement, had earlier sought clarification from the Department, and the relevant facts were already within departmental knowledge. As the notice was unsustainable on limitation, the consequential demand of interest and the penalties under the Finance Act, 1994 were also set aside. The matter turned on disclosure of facts and the absence of any basis for invoking the extended limitation period.</description>
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      <pubDate>Fri, 10 May 2019 00:00:00 +0530</pubDate>
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