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    <title>2025 (10) TMI 178 - GUJARAT HIGH COURT</title>
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    <description>Extended limitation under the proviso to Section 11A(1) of the Central Excise Act was unavailable where the department already knew of the assessee&#039;s draw warping activity and had required registration. The assessee had disclosed the activity and claimed exemption, so non-payment of duty and related non-compliance could not be treated as deliberate, wilful suppression with intent to evade duty. Suppression must be proven as intentional and fraud-like; where both sides knew the relevant facts, the extended period does not apply. The duty demand, interest and penalty could not be sustained on that basis, and the Revenue&#039;s appeal failed.</description>
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      <description>Extended limitation under the proviso to Section 11A(1) of the Central Excise Act was unavailable where the department already knew of the assessee&#039;s draw warping activity and had required registration. The assessee had disclosed the activity and claimed exemption, so non-payment of duty and related non-compliance could not be treated as deliberate, wilful suppression with intent to evade duty. Suppression must be proven as intentional and fraud-like; where both sides knew the relevant facts, the extended period does not apply. The duty demand, interest and penalty could not be sustained on that basis, and the Revenue&#039;s appeal failed.</description>
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