https://www.taxtmi.com/caselaws?id=446787 Refund under Notification No. 39/2001-C.E. was held inapplicable to valves cleared as such without manufacture, because the notification covered only manufactured goods and duty on such clearance was treated as duty on removal of inputs under Rule 3(5) of the Cenvat Credit Rules, 2004. The recovery of the erroneous refund was therefore sustained against the assessee. On limitation, the department was found entitled to invoke the extended period because the material fact that the valves were procured from outside and cleared as such was not effectively disclosed; ER-1 returns were held insufficient to negate suppression. The demand was held not time-barred. en-us Wed, 23 Aug 2023 00:00:00 +0530 Mon, 11 Dec 2023 19:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446787 Refund under Notification No. 39/2001-C.E. was held inapplicable to valves cleared as such without manufacture, because the notification covered only manufactured goods and duty on such clearance was treated as duty on removal of inputs under Rule 3(5) of the Cenvat Credit Rules, 2004. The recovery of the erroneous refund was therefore sustained against the assessee. On limitation, the department was found entitled to invoke the extended period because the material fact that the valves were procured from outside and cleared as such was not effectively disclosed; ER-1 returns were held insufficient to negate suppression. The demand was held not time-barred. Case-Laws Central Excise Wed, 23 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446787