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    <title>2026 (1) TMI 317 - CESTAT KOLKATA</title>
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    <description>Exemption under Sl. No. 333 of N/N 12/2012-CE for traction motors was held available only where the goods are used within the factory of production or another factory of the same manufacturer in manufacturing goods under headings 8601-8606; since the motors were removed outside the appellant&#039;s factory, the claim that different railway zones constituted the appellant&#039;s factories was rejected and, absent proof of post-clearance use, central excise duty liability was upheld. Invocation of the extended limitation period failed because the demand was based on details disclosed in ER-1/ER-6 returns without suppression; accordingly, the time-barred portion was set aside. Penalty under s. 11AC was also quashed for want of suppression with intent to evade.</description>
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    <pubDate>Wed, 03 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 317 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=784561</link>
      <description>Exemption under Sl. No. 333 of N/N 12/2012-CE for traction motors was held available only where the goods are used within the factory of production or another factory of the same manufacturer in manufacturing goods under headings 8601-8606; since the motors were removed outside the appellant&#039;s factory, the claim that different railway zones constituted the appellant&#039;s factories was rejected and, absent proof of post-clearance use, central excise duty liability was upheld. Invocation of the extended limitation period failed because the demand was based on details disclosed in ER-1/ER-6 returns without suppression; accordingly, the time-barred portion was set aside. Penalty under s. 11AC was also quashed for want of suppression with intent to evade.</description>
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      <pubDate>Wed, 03 Dec 2025 00:00:00 +0530</pubDate>
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