Limitation Period for Tax Recovery Can't Be Extended Without Willful Suppression or Tax Evasion.

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....The court held that the extended period of limitation under the proviso to Section 73 of the Finance Act, 1994 could not be invoked against the appellant as there was no willful suppression of facts or deliberate attempt to evade payment of tax. The imposition of penalty u/s 78 of the Finance Act, 1994 and Rule 15(3) of the CENVAT Credit Rules, 2004 was not warranted in the absence of malafide intent on the part of the appellant. The case did not fall within the ambit of the proviso to Section 73 or sub-section 4 of Section 73 of the Finance Act, 1994.....