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    <title>2005 (7) TMI 195 - CESTAT, BANGALORE</title>
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    <description>Where clearance and valuation were made under a disclosed arrangement already shared with the department, suppression of material facts could not be inferred and the proviso for extended limitation under the Central Excise Act was not available. The duty payment was also revenue neutral because the duty paid by the assessee was available as Modvat credit to the principal manufacturer, so intention to evade duty was not established. On that basis, the demand was time-barred, and the penalties dependent on that demand could not survive.</description>
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      <description>Where clearance and valuation were made under a disclosed arrangement already shared with the department, suppression of material facts could not be inferred and the proviso for extended limitation under the Central Excise Act was not available. The duty payment was also revenue neutral because the duty paid by the assessee was available as Modvat credit to the principal manufacturer, so intention to evade duty was not established. On that basis, the demand was time-barred, and the penalties dependent on that demand could not survive.</description>
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