https://www.taxtmi.com/caselaws?id=51109 Revenue neutrality prevented invocation of the extended limitation period under the proviso to Section 11A of the Central Excise Act because the assessee had paid duty on captively used wax paper and was entitled to Modvat credit on the same goods. On that basis, the element of intent to evade duty was absent, so the larger demand beyond April to August 1998 was time-barred. The Tribunal therefore set aside the penalty and interest, while duty for April to August 1998 remained payable with corresponding credit entitlement. The merits of valuation were not examined once the demand was found barred for the extended period. en-us Tue, 22 Jan 2002 00:00:00 +0530 Wed, 22 Sep 2010 17:33:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51109 Revenue neutrality prevented invocation of the extended limitation period under the proviso to Section 11A of the Central Excise Act because the assessee had paid duty on captively used wax paper and was entitled to Modvat credit on the same goods. On that basis, the element of intent to evade duty was absent, so the larger demand beyond April to August 1998 was time-barred. The Tribunal therefore set aside the penalty and interest, while duty for April to August 1998 remained payable with corresponding credit entitlement. The merits of valuation were not examined once the demand was found barred for the extended period. Case-Laws Central Excise Tue, 22 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51109