Diamond Beverages Pvt Ltd vs Kolkata South on 17 August, 2023
13. The Ld.Advocate also argued that the demand is barred by
limitation of time. It is his submission that the Appellant regularly
submitted ER-1 Returns incorporating therein the relevant information
in the prescribed format. The said returns were subjected to scrutiny by
the departmental officers as per the norms fixed by the Board.
Therefore, the Department was at liberty to call for any information,
put in query, undertook any verification, if felt necessary. All the factors
taken together nullified Department's allegation of willful suppression of
facts with intent to evade payment of duty. Accordingly, invocation of
extended period is uncalled for. I find that the Tribunal in the case of
BCH Electric Ltd. Vs. Commissioner of Central Excise, Delhi-IV [2013
(31) S.T.R. 68 (Tri.-Del.)] has observed as under:-